This chapter discusses occupiers’ liability, which deals with the risks posed, and harms caused, by dangerous places and buildings. In such cases, the occupier of the premises may be liable where a person who comes onto their land is injured in or by unsafe premises if the occupier has not taken reasonable care to ensure that those entering are safe. The general principles of negligence have been incorporated into, and modified by, statute in the form of the Occupiers’ Liability Acts 1957 and 1984. Although the Acts define the circumstances in which a duty of care will be owed (and tell us something as to its extent, as well as matters relating to its discharge and limitation), questions of breach and causation still need to be established by reference to the ordinary principles of negligence.
Chapter
11. Occupiers’ liability
Chapter
9. Liability for defective premises and structures
This chapter examines the potential liability for injury and/or other forms of loss arising from being upon or use of defective premises and structures. It explains that there are two types of defendant in this area of negligence. The first are persons actually occupying premises and the second are those who might be liable for defects in the premises including landlords, builders, and professionals such as architects and consulting engineers. Much of the relevant law here is statutory, the common law supplementing the statutory provisions. This chapter discusses the provisions of the Occupiers’ Liability Act 1957, the Occupiers’ Liability Act 1984, and Defective Premises Act 1972.
Chapter
13. Occupiers’ liability
This chapter discusses the law on occupiers’ liability, a form of negligence liability which was governed previously by the common law and now by statute law. The key statutes are the Occupiers’ Liability Act 1957 which governs duty to lawful visitors and the Occupiers’ Liability Act 1984, regarding non-visitors, or trespassers. In determining to whom the duty is owed, it is necessary to identify the status of the entrant onto land. To determine who owes the duty as occupier, the main criterion is control of the land. Exclusion of liability and defences are included.
Chapter
13. Occupiers’ liability
This chapter discusses the law on occupiers’ liability, a form of negligence liability which was governed previously by the common law and now by statute law. The key statutes are the Occupiers’ Liability Act 1957 which governs duty to lawful visitors and the Occupiers’ Liability Act 1984, regarding non-visitors, or trespassers. In determining to whom the duty is owed, it is necessary to identify the status of the entrant onto land. To determine who owes the duty as occupier, the main criterion is control of the land. Exclusion of liability and defences are included.
Chapter
7. Negligence: occupiers’ liability
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers engage fully with each subject and check their understanding as they progress. While tort law is largely based on case law developed by judges through the common law, the liability of occupiers for the injuries suffered by those on their premises is governed by two statutes: the Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act 1984. The chapter explains the scope of an occupier’s liability and how it relates to other aspects of negligence, considers the duty of care owed by occupiers to lawful visitors under the Occupiers’ Liability Act 1957, discusses the duty of care owed by occupiers to trespassers under the Occupiers’ Liability Act 1984 and how it relates to the previous common law duty of care.
Chapter
7. Negligence: occupiers’ liability
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. While tort law is largely based on case law developed by judges through the common law, the liability of occupiers for the injuries suffered by those on their premises is governed by two statutes: the Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act 1984. The chapter explains the scope of an occupier’s liability and how it relates to other aspects of negligence, considers the duty of care owed by occupiers to lawful visitors under the Occupiers’ Liability Act 1957, discusses the duty of care owed by occupiers to trespassers under the Occupiers’ Liability Act 1984 and how it relates to the previous common law duty of care.
Chapter
7. Occupiers’ Liability
Dr Karen Dyer and Dr Anil Balan
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the issue of occupiers’ liability. In order to answer questions on this topic, students need to understand the following: the Occupiers’ Liability Act 1957; the Occupiers’ Liability Act 1984; the ‘control test’—how ‘occupiers’ have been identified by the courts; the difference between a ‘visitor’ and a ‘non-visitor’, and the legal differences that arise; how the courts have interpreted ‘reasonable care’; the concept of ‘breach of duty’ and ‘causation’ in negligence; excluding or restricting negligence liability under s. 65 Consumer Rights Act 2015; and general defences in tort law.
