Lecture 8 – Occupier’s liability
An occupier has a duty to maintain the premises safely for the benefit of third parties on or outside
the premises
Occupier must also ensure that the use of premises does not cause unreasonable
inconvenience to other people
Occupier’s liability Act 1957 – Visitors
Occupier’s liability Act 1984 – Trespassers
o Both Acts only deal with the state of premises (static duty) any other situation is
covered by common law negligence (activity duty)
o Revill v Newberry (1996) – Farmer hiding in his shed shot at vandals on his property
Revill v Newbery - 1996 (lawteacher.net)
o Difference between dangerous condition and dangerous activity
Occupier’s liability to people on the premises
Negligent activities – Occupiers who undertake activities on their land without taking
reasonable care may be liable to a third party
Dangerous premises – Occupiers have a legal duty to maintain the structure of their
premises in a reasonably safe condition (statute law)
Occupier’s liability act 1957 – Covers the liability of an occupier to whom the act calls visitors
o Regulates duty which an occupier of premises owes to his visitors in respect of
danger dur to the state of the premises or things done or omitted to be done on
them (s.1 OLA 1957)
o S.2(1) – An occupier owes a common duty of care to all his visitors to the premises
o S.2(2) – Duty to take such care as in all the circumstances of the case is reasonable
to see that the visitor will be reasonably safe in using the premises for the purposes
for which he is invited or permitted to be here
Darby v National Trust (2001) – Claimant swam in National Trust’s murky
ornamental pond. Drowning was an obvious risk, so no warning was
required
Darby v National Trust [2001] EWCA Civ 182 - Case Summary (lawprof.co)
o Duty owed to particular groups
a) Children
S2(3)(a) – An occupier must be prepared for children to be less careful than adults
Premises must be reasonably safe for children
Glasgow Corporation v Taylor (1922) – Red berries in public park (allurement – take
measures to protect children to keep them out of danger)
An occupier has a duty to maintain the premises safely for the benefit of third parties on or outside
the premises
Occupier must also ensure that the use of premises does not cause unreasonable
inconvenience to other people
Occupier’s liability Act 1957 – Visitors
Occupier’s liability Act 1984 – Trespassers
o Both Acts only deal with the state of premises (static duty) any other situation is
covered by common law negligence (activity duty)
o Revill v Newberry (1996) – Farmer hiding in his shed shot at vandals on his property
Revill v Newbery - 1996 (lawteacher.net)
o Difference between dangerous condition and dangerous activity
Occupier’s liability to people on the premises
Negligent activities – Occupiers who undertake activities on their land without taking
reasonable care may be liable to a third party
Dangerous premises – Occupiers have a legal duty to maintain the structure of their
premises in a reasonably safe condition (statute law)
Occupier’s liability act 1957 – Covers the liability of an occupier to whom the act calls visitors
o Regulates duty which an occupier of premises owes to his visitors in respect of
danger dur to the state of the premises or things done or omitted to be done on
them (s.1 OLA 1957)
o S.2(1) – An occupier owes a common duty of care to all his visitors to the premises
o S.2(2) – Duty to take such care as in all the circumstances of the case is reasonable
to see that the visitor will be reasonably safe in using the premises for the purposes
for which he is invited or permitted to be here
Darby v National Trust (2001) – Claimant swam in National Trust’s murky
ornamental pond. Drowning was an obvious risk, so no warning was
required
Darby v National Trust [2001] EWCA Civ 182 - Case Summary (lawprof.co)
o Duty owed to particular groups
a) Children
S2(3)(a) – An occupier must be prepared for children to be less careful than adults
Premises must be reasonably safe for children
Glasgow Corporation v Taylor (1922) – Red berries in public park (allurement – take
measures to protect children to keep them out of danger)
