ABSTRACT
In theory, the Occupiers’ Liability Act creates a duty in relation to the state of the premises. Thus, the occupier is liable for any injury arising from the defective state of the premises. Negligence creates a duty to take care in relation to activities carried out on the premises. However, in practice the courts do not always make this distinction. Perhaps, in any case, the distinction in many cases will be academic, since it seems that the duty laid down by the Act and the duty laid down by the tort of negligence are so similar in effect as to produce similar outcomes.
