Is there a difference between the duty of care owed by an occupier to a trespasser under the occupiers liability act 1984 and that owed to a lawful visitor under the occupiers liability act 1957, as far as personal injuries are concerned. For example, in canada, the british columbia legislation states that. It is over 12 years since the lord chancellor referred the decision. Occupiers of premises ie buildings, boats, open land, vehicles, lifts etc may be liable to visitors and trespassers under the occupiers liability act 1957 and 1984. Unlike visitors under the 1957 act, trespassers cannot claim for damage to property. Different levels of protection are expected under the two pieces of legislation with a higher level of protection afforded to lawful visitors. This act is the framework to establish the duty of care of those who occupy premises and the liability for injuries or damages that occur on that property.
In high tide this would not have posed a risk but when the tide went out it was a danger. Short title this act may be cited as the occupiers liability act. Under the 1957 act a common duty of care is owed to all 1lawful visitors. Section 1 of this act shall bind the crown, but as regards the crowns liability in tort. The 1957 act applies to visitors to land, whilst the 1984.
Occupier is given the same meaning as under the 1957 act s. Rules as to duty of occupier of premises to visitors 1 the rules enacted by sections 3. Below is the legal opinion as provided by the home office legal advisers branch. Occupiers liability act 1957, focussed on lawful visitors occupiers liability act 1984, covering people other than lawful visitors. Generally speaking a visitor is someone who has the occupiers permission, whether expressed or implied, to be on the premises. See also law commission, liability for damage or injury to trespassers and related questions of occupiers liability, report no 75 1976 816. English tort lawoccupiers liability wikibooks, open. An occupier owes a duty to intruders in relation to. There after the occupiers liability bill was passed to the parliament by lord hailsham on 23 june 1983 thus the act was given royal asset on march 1984 as the occupiers liability act 1984 and came into force on may 1984. The claimants action was based on the occupiers liability act 1984. An act to amend the law of england and wales as to the liability of obasan by joy kogawa pdf persons as. In english law, occupiers liability towards visitors is regulated in the occupiers liability act 1957. Occupiers liability duty of care private law free 30. Act there is added modification of unfair but liability of an occupier of premises for breach of an contract.
Crow and mcaa apply to persons on open access land and the coastal. Most jurisdictions have hauled in the commmon law and significantly modified it by enacting occupier liability statutes such as, in england, the occupiers liability act of 1957 and of 1984. Occupiers liability is an area of tort law rich in statutory material and jurisprudence, having developed outside the framework of general negligence liability. Stolberg this paper examines some of the duties owed by owners and independent contractors generally and the sources of their exposure. Occupiers liability peter north oxford university press. Section 1 3 of the act provides that an occupier is liable to a trespasser, if. In british railways board v herrington 1972 ac 877, the house of lords had decided that occupiers owed a duty to trespassers, but the exact application of the decision was unclear. The defences under the 1984 act include, firstly, contributory negligence. At the end of section of the unfair contract terms act visitors using 1977 which defines the liability, called business liability, the premises for exclusion or restriction of which is controlled by virtue of that recreation etc. The key statutes are the occupiers liability act 1957 which governs duty to lawful visitors and the occupiers liability act 1984, regarding nonvisitors, or trespassers. It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises. Physical possession of a property control over the activities on a property access to the property occupiers liability 3 the 1957 act later 1984 replaces the common law consolidates the law imposes duties of care on occupiers deals with duties owed. Both the occupiers liability acts of 1957 and 1984 impose an obligation on occupiers rather than land owners. The following text relates to personal liabilities with respect to occupation of structures, whether fixed or moveable.
Versions of this act includes consolidations, reprints and as passed versions history of this act. In order to answer questions on this topic, students need to understand the following. The matter was then referred to the law commission for a report. Liability of occupiers for negligence of independent contractors. Occupiers liablllty 1 the occupiers liability act ad 7. The occupiers liability that was presented and developed in common law has now been codified in legislation represented by the occupiers liability act 1957, relevant for lawful visitors and occupiers liability act 1984 relevant for those other than lawful visitors bermingham and brennan, 2014. Occupiers liability acts 1957 and 1984 law teacher. In addition, occupiers liability to trespassers is provided under the occupiers liability act 1984. Occupiers liability trespassers and lawful visitors duration. It governs the duty of care which an occupier, landlord or builder owes to people who visit or trespass on their land. The occupiers liability act 1984 sets out the duties which an occupier of a premises owes to persons, other than visitors, who come onto their premises.
An act to amend the law as to the liability of occupiers and others for injury or damage resulting to persons or goods lawfully on any land or other property from dangers due to the state of the property or to things done or omitted to be done there. Basis of the occupiers liability act 1984 ola 1984 derived from hl. Occupiers liability act 1985 western australian legislation. Judges, child trespassers and occupiers liability in the. Occupiers liability introduction where c injured by defective structures or premises common law aspect of the tort of negligence occupiers liability act 1957 governs liability of occupier to lawful visitor occupiers liability act 1984 governs liability of occupier to unlawful visitor i. The claimant brought a claim against the local authority for damages for breach of statutory duty under the ola 1984. Occupiers liability act national assembly of zambia.
All others are covered by the occupiers liability act 1984 discussed below. An act to amend the law of england and wales as to the liability of persons as occupiers of premises for injury suffered by persons other than their visitors. Since the occupiers liability act 1984 applies to trespassers, a lower level of protection is offered. Under the occupiers liability act 1984, an occupier only owes a duty to persons other than visitors i. The initial focus is on the nature of the plaintiff if the plaintiff is a lawful visitor, his rights are governed by the occupiers liability. The occupier can exclude their liability by an agreement, although this is likely to fall foul of the unfair contract terms act 1977 in the case of business. In england, the occupiers liability act of 1984 provides for the duty owed by occupiers to persons other than visitors, in respect of injury suffered while on the premises due to the dangerous state of such premises or things done or omitted to be done on them. 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. There was also the occupiers liability act of 1984 that recognized the duty of occupiers to persons other than their visitors trespassers law reform torts law 1961 of lagos state reproduced the occupiers liability act of 1957. The obstruction that had injured the claimant was a permanent feature of a gridpile which was submerged under the water. Western australian legislation occupiers liability act 1985. The occupiers liability act 1983 late in 1983 the victorian legislature enacted the occupiers liability act 1983, which came into operation on july i, 1984.
Occupiers liability law and libraries legal framework. It also examines the courts recent approach to indemnity and insurance clauses which have tended to favour the contractors. The occupiers liability act 1984 has implications for those occupiers of premises who want to implement preventive measures intended to deter intruders from unlawfully entering their premises. An act to amend the law of england and wales as to the liability of persons as occupiers of premises for injury suffered by persons other than. There are currently no known outstanding effects for the occupiers liability act 1984.
The 1984 act only allows claims for death or personal injury. Elvin, occupiers liability, free will and the dangers of a compensation culture. Occupiers liability legal definition of occupiers liability. There are, thus, three key definitions which are relevant to applying the act. The occupiers liability act 1957 imposes a duty of care on occupiers to all lawful visitors to ensure that they are reasonably safe for the purpose for which they are on the occupiers premises a party will be deemed to be an occupier under the act if they have sufficient control over the premises. The occupiers liability act 1957 dictates the duty that an occupier owes to lawful visitors as per s. Hence the fact that death and personal injury are the only protected forms of damage and occupiers have no duty in relation to the property of trespassers. Occupiers of business premises whether freeholders or business tenants have duties placed upon them to ensure the safety of all lawful entrants by virtue of the occupiers liability act 1957 and in some cases an obligation to take reasonable care extends to uninvited visitors under the occupiers liability act 1984. This act may be cited as the occupiers liability act. Claims against occupiersoverview occupiers liability claimslawful visitors. The defendant local authority was responsible for the school and its grounds and was an occupier for the purposes of the occupiers liability act 1957 and the occupiers liability act 1984 ola 1984.
Occupiers liability act government of prince edward island. Occupiers liability act an act to amend the law relating to the liability of occupiers and others for injury or damage resulting to persons or goods lawfully on any land or other property from dangers due to the state of the property or to things done or omitted to be done there, and for purposes connected therewith. Occupiers liability and vicarious liability the document co. See end of document for details 3 application to crown. Different states have their own torts law, while those who do not have any still rely on the principles of common law. English law became statutory in 1957 and was substantially amended in 1984. The occupiers liability act 1984 is intended to fix the duties which an. The matter was then referred to the law commission for a report, and as a.