Occupiers' Liability brief summary


Definition: About keeping people safe

Acts of Parliament governing this (governed by legislation):

  • Occupiers' Liability Act 1957 (lawful visitors)
  • Occupiers' Liability Act 1984 (trespassers)

The difference = 1957 covers people and property (objective test), whereas 1984 doesn't cover property and children (subjective test)

The 1957 Act

Examples of lawful visitors: invitees, people with permission, police with warrant.

In s2 it states that the occupier has to make sure visitors are kept reasonably safe (objective)

Courts have been reluctant to stretch this to some situations, as they want to avoid compensation culture (case: Tomlinson

Standards differ for:

  • Children & adults as children can be more drawn to things known as allurements (case: Taylor)
  • Skilled visitors (electricians) on the premises. Rules…


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