What is occupier's liability and who is owed a duty?

• A. Occupiers owe a duty to all passersby.
• B. No duty to visitors.
• C. Duty only to invitees in all cases.
• D. Occupiers owe a duty to lawful visitors to ensure premises are reasonably safe.

Answer: (D)

The main idea tested is who has a duty under occupiers’ liability and to whom that duty runs. An occupier must take reasonable care to keep those who are lawfully on the premises safe. This duty is owed to lawful visitors—people who have permission or a right to be there, such as customers or invited guests. It does not extend to passersby who enter without permission, so the idea of a duty to all passersby is incorrect. The duty is not to visitors in every circumstance, nor is it limited only to invitees; it covers all lawful visitors who are on the premises for the purpose for which they are allowed to be there, requiring the occupier to make the premises reasonably safe. Therefore, the correct statement is that occupiers owe a duty to lawful visitors to ensure the premises are reasonably safe.