Liability of the incumbent for damages to visitors and abusers study in English law

Abstract

Abstract :

   We address, in this study, an important issue concerning the harms done in reality, namely the harms to individuals while in places occupied by others. It is very common for a person to be injured when he is in places occupied by others. For example, a person stumbles around a market or restaurant because there is water or something slippery on the ground, or he falls into a pit that is not apparent in a land that separates it from the highway.

  The Iraqi law did not establish a special and independent treatment for this kind of harms, but its general rules require the obligation of anyone who harms others to compensate these harms, while English law has a distinct organization that governs the issue in all its aspects. This regulation came in two legislations to deal with this type of harms, as well as long-standing case law. We think that the examination of these issues in English law, with its precise details, opens the door to the understanding of these general rules in our law, and provides legal practitioners and judges with a useful resource for determining the particular cases to which they apply.