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Occupiers liability Act 1984

Occupiers liability Act 1984. A common duty of care is owed by occupier of the premises; Visitors Trespassers Persons exercising private rights of way Entrants to national parks . Occupiers liability Act 1984. They owe a duty if they are aware;

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Occupiers liability Act 1984

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  1. Occupiers liability Act 1984 • A common duty of care is owed by occupier of the premises; • Visitors • Trespassers • Persons exercising private rights of way • Entrants to national parks

  2. Occupiers liability Act 1984 They owe a duty if they are aware; *of danger or reasonable grounds to believe it exists *knows or has reasonable grounds to believe that the other is in the vicinity of danger concerned or that he may come into the vicinity of danger *the risk is one against which in all the circumstances of the case he may reasonably be expected to offer the other some protection.

  3. Occupiers liability Act 1984 The duty is to take such care as is reasonable in all the circumstances of the case to see that the non visitor does not suffer an injury on the premises by reason of the danger concerned Two contrasting cases would be; Revill .v. Newbury 1996 – c was liable for shooting the trespasser as liability is still owed to trespassers and the violence was greater than needed. There was contributory negligence because c shouldn’t have been trespassing. Ratcliff .v. mcconnell 1999 – c was stupid diving in shallow water and there was no duty of care to protect the idiot.

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