Occupiers Liability Act 1957 Case Law

Common duty of care is defined in section 2 2 of the act as a duty to take such care in all the circumstances is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted by the.

Occupiers liability act 1957 case law. 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. 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. The occupiers liability act 1957 enacted in england simplified the confusion to decide upon the liabilities of an occupier. The occupiers liability act 1957 c.

A piece of law commonly relied upon in all manner of cases including slips and trips workplace injuries and more is section 2 2 of the occupier s liability act 1957 which reads. 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 occupiers liability act 1957 defines an occupiers common duty of care towards his lawful visitors. Section 1 2 of the 1957 act merely states that the rules apply in consequence of a person s occupation or control of premises.

Those entering in exercising a right conferred by law s 2 6 occupiers liability act 1957 for example a person entering to read the gas or electricity metres. Occupier s liability is a field of tort law which deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises. All others are covered by the occupiers liability act 1984 discussed below. Implied licence at common law in the absence of express permission to be on the land a licence may be implied at common law where there exists r epeated trespass and no action taken by the occupier to prevent people coming on to the.

There is in fact no statutory definition of occupier in either act. The nature of obligation varied in conformity with the persons and the premises. The occupiers liability act 1957 dictates the duty that an occupier owes to lawful visitors as per s 1 1. Occupiers liability act 1957.

The act unified several classes of visitors to property and. In the case of both the 1957 act and the 1984 act potential defendants are identified as being occupiers of premises.