Claims Under the Occupiers’ Liability Act 1984 - Andrew Mckie, Clerksroom
25/06/14. It is clear that the Occupiers’ Liability Act 1957 has no application where there are trespassers on land as opposed to a visitor within the meaning of the 1957 Act. A visitor within the meaning of the 1957 Act is someone who is invited onto premises for a specific purpose or anyone who goes onto the premises with the express or implied permission of the occupier as opposed to someone who is not permitted to be on the premises and is thus a trespasser.
Therefore if there is a general invitation to members of the public i.e. retail premises or public buildings then anyone entering will be a visitor for the purpose of the 1957 Act.
However the 1957 Act will not extend to persons who are not lawfully entitled to be on the premises and therefore this is where the 1984 Act will apply since that person will become a trespasser.
Who Is Owed A Duty Of Care Under The 1984 Act?
The duty is owed to anyone not a visitor for the purpose of the 1957 Act for example someone using a private right of way may not be a trespasser but would...
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