If someone gets injured on your property, can you be held responsible? That’s where the concept of occupier’s liability comes in. For many property owners and tenants in Singapore, the question of what is occupiers’ liability often only becomes relevant after something unfortunate happens, like a slip, a fall, or worse.
But understanding it before a problem arises is what can truly protect you. Whether you’re a landlord renting out a unit, a shop owner managing customer traffic, or a homeowner hosting guests, the law holds you to certain responsibilities. And knowing where your duties begin and end can make all the difference.
Let’s break it down in simple terms.
What Is Occupiers’ Liability In Singapore?
Occupiers’ liability is a legal principle that holds people accountable for injuries suffered by others while on their property. In Singapore, this applies to anyone who has control over premises, not just the legal owner. That means landlords, tenants, shop managers, and even property agents can fall under this category.
So, what is the occupier’s liability in the Singapore context? It refers to the legal duty of care an occupier owes to anyone entering their premises — be it a guest, customer, or contractor. You must take reasonable steps to ensure the safety of your property to prevent accidents.
The duty of care is not unlimited. It depends on factors such as:
- The type of visitor (e.g. invitee, licensee, or trespasser)
- The purpose for which they entered
- The condition of the premises
- Whether the occupier had taken steps to warn or remedy any dangers
Who Exactly Is An “Occupier”?
An occupier is anyone who has control over a space, regardless of whether they legally own it. For example:
- A café owner operating in a rented unit
- A tenant leasing an apartment
- A retail store manager in charge of daily operations
In Singapore, Courts have adopted a common-sense approach: if you have control over the premises and the ability to prevent harm, then you’re likely to be seen as an occupier under the law.
What Duties Do Occupiers Have?
The main duty is to ensure that the premises are reasonably safe. This doesn’t mean the property must be perfect or risk-free, but you must:
- Fix known hazards promptly
- Put up clear warning signs if a danger exists (like wet floors or construction)
- Regularly inspect and maintain your premises
For example, if a guest slips on a wet staircase in your home and you didn’t put up a warning or clean it in time, you may be held liable.
The law also distinguishes between different types of visitors. You owe a higher duty of care to lawful visitors (like invited guests or customers) than to trespassers. That said, if you are aware that trespassers may enter (say, kids cutting through your garden), you still have some responsibility to avoid causing them harm.
Can Occupiers Be Sued In Court?
Yes. If someone is injured on your property due to unsafe conditions, they may file a claim for damages in Court. The Court will look at several things:
- Was there negligence?
- Was the danger obvious?
- Was the injury foreseeable?
- Did the occupier take reasonable steps to prevent it?
If you’re found liable, you may have to pay compensation for medical expenses, lost income, or even emotional distress.
Conclusion About Occupiers’ Liability In Singapore
Occupiers’ liability in Singapore might sound intimidating, but understanding your obligations can keep you on the right side of the law.
At Tembusu Law, our experienced team, which includes some of the best criminal lawyers in Singapore, is here to help you navigate your legal duties with clarity and confidence.
If you have questions or think you might be liable for an injury on your premises, don’t leave it to chance. Reach out to Tembusu Law today and get the legal support you need.
Frequently Asked Questions About Occupiers’ Liability In Singapore
Who Is Considered An Occupier Under The Law?
An occupier is anyone with control over the premises. This includes landlords, tenants, shopkeepers, or anyone who can influence safety conditions on the property.
Can Trespassers Sue For Injuries On My Property?
While the duty of care is lower for trespassers, you may still be liable if the danger was extreme or if you were aware of their possible presence and did nothing to prevent harm.
How Can I Reduce The Risk Of Being Sued Under Occupiers’ Liability?
Conduct regular checks, fix hazards quickly, post clear warnings, and ensure your premises are well-maintained. Insurance also helps cover liability risks.
What If The Visitor Was Partly At Fault For Their Injury?
The Court may apply the concept of contributory negligence, meaning the injured person’s compensation could be reduced based on their own level of fault.
