MN10442 – occupiers liability
The occupier's liability act 1957 – governs liability for lawful visitors
The occupier's liability act 1984 – governs liability for trespassers
1957 act –
- Occupier – he whom has control of the premises
- Lawful visitors
- Expressed and implied permission
Section 2(2)
“occupiers have a duty towards visitors 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 there”
Visitor not premises
Darby v national trust [2001]
- Warning signs
- Signs on one lake but no signs on a specific lake where a man went in for a swim and
drowned but the court ruled that the man knew the dangers involved in open water
swimming.
Cotton v Derbyshire dales district council [1994]
- Sign at the start of a walk warning on a narrow path but man fell and claimed there
should be more signs, but court ruled it was obvious as there was a sign and he
continued.
S 2(3) “occupier must be prepared for children to be less careful than adults”
- Allurement
- Glasgow Corporation v Taylor [1922] – a kid ate red berries from a park and died as
they were poisonous, and the court ruled it was the park’s fault.
Other instances where care must be taken are railways and private swimming pools
Trespassers – 1984 act
Occupier has a duty to persons to take such care as is reasonable in the circumstances to
see that the trespasser does not suffer an injury of the his premises.
Only liable if
1. Occupier has to have knowledge of the danger
2. The occupier knows or has reasonable grounds to believe a trespasser is in the
vicinity
3. The danger is one in which the occupier may reasonably be expected to offer a
trespasser some protection from.
The occupier's liability act 1957 – governs liability for lawful visitors
The occupier's liability act 1984 – governs liability for trespassers
1957 act –
- Occupier – he whom has control of the premises
- Lawful visitors
- Expressed and implied permission
Section 2(2)
“occupiers have a duty towards visitors 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 there”
Visitor not premises
Darby v national trust [2001]
- Warning signs
- Signs on one lake but no signs on a specific lake where a man went in for a swim and
drowned but the court ruled that the man knew the dangers involved in open water
swimming.
Cotton v Derbyshire dales district council [1994]
- Sign at the start of a walk warning on a narrow path but man fell and claimed there
should be more signs, but court ruled it was obvious as there was a sign and he
continued.
S 2(3) “occupier must be prepared for children to be less careful than adults”
- Allurement
- Glasgow Corporation v Taylor [1922] – a kid ate red berries from a park and died as
they were poisonous, and the court ruled it was the park’s fault.
Other instances where care must be taken are railways and private swimming pools
Trespassers – 1984 act
Occupier has a duty to persons to take such care as is reasonable in the circumstances to
see that the trespasser does not suffer an injury of the his premises.
Only liable if
1. Occupier has to have knowledge of the danger
2. The occupier knows or has reasonable grounds to believe a trespasser is in the
vicinity
3. The danger is one in which the occupier may reasonably be expected to offer a
trespasser some protection from.
