Occupiers’ liability


Published by a UUÂãÁÄÖ±²¥ Property Disputes expert
Practice notes

Occupiers’ liability


Published by a UUÂãÁÄÖ±²¥ Property Disputes expert

Practice notes
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occupiers' liability Act 1957

Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of care to all their visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them. They must take such care as is reasonable in all the circumstances of the case.

The test for liability under OLA 1957 is:

  1. •

    the claimant must be a visitor at the material time

  2. •

    the defendants must be occupiers

  3. •

    the defendant must have breached the statutory duty, ‘to take such care as in all the circumstances of the case [was] reasonable to see that [the claimant would be] reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupiers to be there’

  4. •

    the breach must have caused the claimant actionable injury

In Esdale v Dover District Council, the Court of Appeal held that the test for compliance is objective. The standards of safety which a council set itself

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Occupiers' liability definition
What does Occupiers' liability mean?

The duty of those who occupy property owed to visitors or trespassers to the property.

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