What is the purpose of Occupiers Liability Act?
The Occupiers’ Liability Act establishes that the premises occupier owes a duty of care in all circumstances to see that a person and their property will be “reasonably safe in using the premises.” The Act provides that this duty of care applies in to the condition of the premises, activities on the premises, or the …
Who is protected under the Occupiers Liability Act?
lawful visitors
The Occupiers Liability Act 1957 imposes a common duty of care on occupiers to lawful visitors. By virtue of s. 1(3)(a), the Act applies not only to land and buildings but also extends to fixed and movable structures, including any vessel, vehicle or aircraft.
Is occupiers liability the same as negligence?
Occupier’s Liability is a form of negligence. Once it is established that a duty of care was owed to the person on the Occupier’s premises, it is then necessary to establish a breach of that duty, and that damage was caused to the person as a direct breach of that duty.
What is the difference between occupiers liability and negligence?
Occupiers’ liability and negligence Very often, both claims are brought at the same time. As in negligence, once the claimant has proved that the defendant was in breach of his duty towards him under the Occupiers’ Liability Act, he must go on to prove damage and factual and legal causation.
Is occupiers liability strict liability?
Under the Occupiers Liability Act 1957 a party will be an occupier if they have sufficient control over the premises that lack of care by them could cause injury. The duty is not a strict liability to prevent all accidents occurring.
What are the main differences between the Occupiers Liability Acts of 1957 and 1984?
The 1957 act is mainly concerned with lawful visitors and provides that all lawful entrants are owed the same ‘common duty of care’. As the 1957 act was not concerned with trespassers, the 1984 was enacted to govern the duty of occupier to trespassers.
What are the elements of occupiers liability?
In order to establish occupier’s liability, three elements must be satisfied:
- Duty of Care;
- Breach of the Duty of Care; and.
- Injury suffered as a result of breach (causation).
What does the Occupiers Liability Act 1984 cover?
The Occupier’s Liability Act 1984 (“1984 Act”) The 1984 Act was enacted to regulate the duty of care which an occupier of premises owes to unlawful visitors. This includes trespassers and those who have exceeded their permission as a lawful visitor.
What does section 2 3 )( a of the 1957 Act bring to the attention of the occupier?
5 Common duty of care Under section 2(3)(a) an occupier must be prepared for children to be less careful than adults. The court will take into consideration the age of the child and the level of understanding a child should have at that age (Jolley v Sutton, 2000).
Do trespassers owe a duty of care?
Duty of care to trespassers Contrary to possible expectation, occupiers do still have a duty of care towards trespassers which is set out in the Occupiers Liability Act 1984. the risk is one against which, in all circumstances, he may reasonably be expected to offer some protection to the trespasser.
Why was the Occupiers Liability Act 1984 introduced?
The Occupiers’ Liability Act 1984 (OLA 1984) was introduced, generally speaking, to confirm situations where a duty of care might be owed by an occupier to an ‘unauthorised visitor’ or ‘trespasser’ as they are commonly known. The duty was to essentially reduce or avert the danger i.e. mend the broken stile.
