What is the duty of the occupier of a premises?

The duty of the occupier of premises differs according as the person entering the premises is an invitee, licensee or trespasser. In the case of an invitee the occupier must take reasonable care to prevent damage to the person entering from unusual danger which he knows or ought to know of. This rule was established in the leading case of Indermaur v. Dames (1866) LR 1 CP 274, 35 LJCP 184, affirmed in LR 2 CP 311, 36 LJCP 181. At p. 288, Willes, J. is reported as follows: “The class to which the customer belongs includes persons * * * who go upon business which concerns the occupier and upon his invitation, express or implied, and with respect to such a visitor at least, we consider it settled law that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part, use reasonable care to prevent damage from unusual danger which he knows or ought to know; and that where there is evidence of neglect the question whether such reasonable care has been taken by notice, lighting, guarding or otherwise and whether there was such contributory negligence in the sufferer must be determined by a jury as a matter of fact.”