What is the purpose of Occupiers Liability Act?
The Occupiers’ Liability Act establishes that the premises occupier owes a duty of care in all circumstances to see that a person and their property will be “reasonably safe in using the premises.” The Act provides that this duty of care applies in to the condition of the premises, activities on the premises, or the …
Where does the Occupiers Liability Act apply?
The Occupiers Liability Act 1957 imposes a common duty of care on occupiers to lawful visitors. By virtue of s. 1(3)(a), the Act applies not only to land and buildings but also extends to fixed and movable structures, including any vessel, vehicle or aircraft.
What are the four elements of a negligent act?
4 Elements of a Negligence Claim (and more)
- The existence of a legal duty to the plaintiff;
- The defendant breached that duty;
- The plaintiff was injured; and,
- The defendant’s breach of duty caused the injury.
What is the negligent Liability Act?
Negligence is an act (or failure to act) when you owe a duty to another individual. The defendant breached this duty (was “negligent” in his or her duty) The defendant’s breach of duty caused the plaintiff’s injury(ies)
What is meant by occupiers liability?
A company or individual who occupies a property has a duty of care to the people who visit it. Occupiers liability is the area of law which deals with this duty of care, and it applies to anyone who owns or rents a property that people can visit.
Who are occupiers?
An occupier, or occupant, is a person/persons or organisation who lives in or uses property and/or land, either legally as the owner or tenant, or illegally as a squatter. If they exercise sufficient control over property, contractors working on site may also be considered to be occupiers.
What is an example of occupiers liability?
Examples of people who have a duty of care under the Occupiers’ Liability Act 1957, are landlords, homeowners, shopkeepers, business owners, hotel owners etc. All of these people could be held liable for another persons injury that occurred on the property or premises they are responsible for.
Who is protected under the Occupiers Liability Act?
Occupiers liability is the area of law which deals with this duty of care, and it applies to anyone who owns or rents a property that people can visit. An occupier has a duty of care to all visitors to ensure the premises are reasonably safe.
What are the main differences between the Occupiers Liability Acts of 1957 and 1984?
The 1957 act is mainly concerned with lawful visitors and provides that all lawful entrants are owed the same ‘common duty of care’. As the 1957 act was not concerned with trespassers, the 1984 was enacted to govern the duty of occupier to trespassers.
Who are occupiers in company law?
The Factories Act stipulates that every factory must have an “Occupier” – defined under its Section 2(n) as the person who has ultimate control over the affairs of the factory. A proviso was inserted in 1987 to the clause (n) that, in the case of a company, any one of the directors shall be deemed to be the Occupier.