OCCUPIERS LIABILITY ACT 1984 & 1957

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  • Created by: Alisonxo
  • Created on: 11-04-19 13:35

UNLAWFUL VISITORS

The occupiers liability Act 1984

To protect trespassers as the old law was too harsh!

Addie V Dumbreck

4 year old killed when injured on D’s land and died- and no compensation (1929)

1966- Use practice statement to apply a duty of common humanity in trespasser case.

British Rail boards and Herrington 1972

6 year old boy electrocuted on arilways

“Common humanity which applied where the occupier knew of the danger and likelihood of trespass.  REPLACED- THE OCCUPIERS LIABILITY ACT 1984

There are Three elements to establish a duty under s.1 (3)

Section 1(3) “An occupier will only owe a duty to an unlawful visitor where:

  1. Is aware of the danger or has reasonable grounds to believe the danger exists.

  2. Knows/ reasonable grounds to believe that the other is in the vicinity of the danger concerned or that he may come into the vicinity of the danger

  3. The risk it one against which, in all the circumstance of the case, he may be expected to offer the other SOME protection.

If there is a duty- the occupier must

“Take such care as is reasonable in the circumstance to see that he/she is not injured by reason of the danger (s.1 (4) )

WARNING NOTICES

CAN BE ORAL OR WRITTEN

s.2 (4) “In all the circumstances it was enough to enable the visitor to be safe”

If the premises are particularly dangerous, the occupier may be required to put up barriers or additional warnings.

Rae Mars

Deep pit in dark shed, simple warning danger sign was not enough

Staples v West Dorset DC

Dont need additional warning or barriers if the danger was obvious

-          Wet algae on a high wall

Defences that could be used

-          Consent

-          Contributory negligence

-          Warning notices  

Westwood V post office – employee entered an unlock room which he wasn’t authorised to enter and was injured- the notice clearly said only authorised attendants- therefore this was sufficient- and he shouldn’t of entered and enough notice for an adult therefore no compensation.

LAWFUL VISITORS

The occupiers liability Act 1957

Premises- A ship, lift, park, ladder, house, car- “Anything fixed or moveable structure, including vessels vehicles and airships.”

Occupier  Anyone can be an occupier who occupiers a premises.. This

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