SUBSUMING OCCUPIER'S LIABILITY UNDER THE TORT OF NEGLIGENCE � AN ASSESSMENT OF ITS EFFECT ON INJURED PARTIES IN CONSTRUCTION SITES

Abstract

Singapore has faced many problems with regards to dealing with occupier’s liability and the tort of negligence as historically, the rules forming the basis of occupiers’ liability were created with the intention of safeguarding the occupiers’ interests. In addition, there was a problem of distinguishing liability based on injury caused by the static and dynamic conditions of a site. These rules created problems such as the issue of concurrent liabilities where it was suggested that an occupier should only have a duty as an occupier and not an additional one under the tort of negligence. The decision to subsume occupiers’ liability under negligence was hence a welcome change from the complex and archaic occupiers’ liability rules. Applicable judicial decisions were analyzed and common issues of contention were chosen for comparison to determine the effect of changes in the new law on injured parties in construction sites. References to cases in Australia and Canada were made. Interviews with lawyers that have a sound knowledge of occupiers’ liability and the tort of negligence were also conducted. It has been summed up that the effects of subsuming occupiers’ liability under the tort of negligence has indeed been beneficial to injured parties in construction sites, however several complexities still exist in the new framework of negligence. As such, suggestions have been proposed for the improvement of the negligence framework in relation to the problems identified. The study concludes by remarking on the limited number of resources available and provides recommendations on how an in-depth analysis could be made in the future.