ABSTRACT
This is the first of two chapters covering the liability a person may incur where someone comes onto their premises and is injured by the dangerous state of the premises. Both chapters deal with the distinction between lawful visitors and trespassers. So, in order to put occupiers’ liability into context, this chapter begins with an overview of some issues which are relevant to both visitors and trespassers. In particular it notes that the occupier’s duties are governed by statute: the Occupiers Liability Act 1957 and the Occupiers Liability Act 1984 . The chapter then turns to the liability of an occupier to persons who enter the premises as lawful visitors, under the Occupiers Liability Act 1957 . It first identifies the parties to a claim – who is an occupier and who is a visitor? – and then explains the nature and content of the occupier’s statutory duty of care to their visitors. It outlines how that duty may be discharged so that the occupier is not in breach. It notes that the usual principles for causation of damage apply. Finally, it considers defences.
