ABSTRACT

This chapter discusses the nature of liability under the Occupiers’ Liability Acts and explains the meaning of occupier and premises. It explores the different types of visitor and the Act appropriate to each and identifies the different duties under the two Acts. They are: the Occupiers’ Liability Act 1957 for lawful ‘visitors’, and the Occupiers’ Liability Act 1984 for trespassers. The chapter examines the different standard of care appropriate to children and also explains how occupiers can discharge liability in respect of tradesmen, where independent contractors have caused the harm, and analyses the effect of warnings, exclusion clauses and defences. It analyses the Acts and describes the law to factual situations and reach conclusions as to liability. Occupiers’ liability concerns the liability of an ‘occupier’ of land or premises for the injury or loss or damage to property suffered by claimants while on the occupier’s ‘premises’.