Occupiers' Liability

• Occupiers' Liability pertains to the legal responsibility of people who control a premise such as landlords, tenants, or other individuals for accidents or injuries that occur on their property due to their negligence.

• There are two primary statutes regulating Occupiers' Liability in the UK, each covering different types of visitors: the Occupiers' Liability Act 1957 covers lawful visitors; and the Occupiers' Liability Act 1984 covers unlawful entrants.

Lawful Visitors - Occupiers' Liability Act 1957

• An occupier must make sure anyone who is lawfully on the premises does not suffer harm due to risks posed by the state of the premises or by activities carried out there, as far as it is reasonably possible.

• The degree of care, and hence liability, depends on the nature of the visitor. There are three categories of lawful visitors: Invitees, licensees, and contractual visitors.

• Invitees are those who have direct or implied permission from the occupier to enter the premises, often for the benefit of both parties. In these cases, the occupier has a positive duty of care and must take reasonable steps to ensure their safety.

• Licensees have permission to be on the premises but are there for their own purposes. Here, the occupier's duty is not as high and only extends to making sure they aren't subjected to any dangers the occupier is aware of.

• Contractual visitors enter into an agreement with the occupier to use the premises for a specific purpose. The degree of care expected from the occupier depends on the terms of the contract.

• Important case laws for this Act are Stairs v City of London Corporation for defining 'occupier' and Wheat v Lacon & Co Ltd. for determining the standard of care.

Unlawful Entrants - Occupiers' Liability Act 1984

• This Act defines the duty of care that occupiers owe to individuals on their premises without permission, namely trespassers.

• Occupiers may be liable for any harm suffered by trespassers as a result of dangers due to the state of the premises or activities carried out on them if they have reason to believe a trespasser might be hurt and have not taken sufficient steps to prevent this.

• The emphasis here is on 'known' or 'suspected' dangers which the occupier fails to warn against or make safe.

• A key case that deals with the Act's interpretation is Tomlinson v Congleton Borough Council. It demonstrates that an occupier is not under a duty to make safe a naturally occurring danger on their land.

Defences to Occupiers' Liability

• Occupiers can use typical negligence defences like contributory negligence and volenti non fit injuria.

• For the 1957 Act, warning signs can help discharge an occupier’s duty, but the warning must enable visitors to be reasonably safe, demonstrated in Rafiq v Munroe.

• For the 1984 Act, providing a warning may not be enough unless the trespasser can and does heed the warning.

Understanding Occupiers' Liability requires a clear grasp of the statutes and interpreting them with reference to case law. For your review, focus on how the courts have determined 'occupier', 'visitor', and 'trespassers', as well as how they've applied the standard of 'reasonableness'.