Occupiers Liability Act 1957 And 1984

Occupiers liability act 1984 1984 chapter 3.

Occupiers liability act 1957 and 1984. Occupier is given the same meaning as under the 1957 act s 1 2 ola 1984. The matter was then referred to the law commission for a report and as a. The act identifies the occupier first. An act to amend the law of england and wales 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 to make provision as to the operation in relation to the crown of laws made by the parliament of northern ireland for.

Since the occupiers liability act 1984 applies to trespassers a lower level of protection is offered. All others are covered by the occupiers liability act 1984 discussed below there are thus three key definitions which are relevant to applying the act. The occupiers liability act 1984 c. As the 1957 act was not concerned with trespassers the 1984 was enacted to govern the duty of occupier to trespassers.

The occupiers liability act 1957 states that the occupier of a premises in england and wales may be held responsible where a visitor to that premises is injured or their property is damaged. 31 is an act of the parliament of the united kingdom that covers occupiers liability the result of the third report of the law reform committee the act was introduced to parliament as the occupiers liability bill and granted the royal assent on 6 june 1957 coming into force on 1 january 1958. The act came into force on 1 january 1958. The term occupier is defined in the same way in occupiers liability act 1984 as it was defined in occupiers liability act 1957.

The duty of care is a typical duty. 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. The task of care owed by owners and occupiers of premises is a statutory responsibility imposed by the occupiers liability acts 1957 and 1984. By virtue of the occupiers liability act 1957 the duty of care enforced on occupiers is a duty in respect of all visitors to the premises in question.

And to amend the unfair contract terms act 1977 as it applies to england and wales in relation to persons obtaining access to premises for recreational or educational purposes. 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 occupiers liability act 1984 was created to clarify the position of occupiers liability with regard to trespassers by separating out lawful. The act unified several classes of visitors to property and.

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. The 1957 act is mainly concerned with lawful visitors and provides that all lawful entrants are owed the same common duty of care. The occupiers liability act 1957 c. As the person entering the premises is a trespasser there is a lower level of protection provided to him.