Occupiers Liability Act 1984

Question 1

What does this act concern

Answer 1

The duty owed to persons other than visitors (unlawful visitor)

Question 2

Who is an occupier

Answer 2

Anybody who would be classified as an occupier under the 1957 act is an occupier under the 1984 act

Question 3

What case showed law was harsh towards trespassers and what was held

Answer 3

Addie v Dumbreck 1929
Held that there was no duty of care owed by occupiers to trespassers to ensure that they were safe when coming into land
only duty was not to inflict harm

Question 4

In what case did the House of Lords use it’s 1966 practice statement and depart from its precedent in A… v D… 1929

Answer 4

British railways board v Herrington 1972

boy was electrocuted and suffered severe burns when he wondered from a play park onto a live railway line. The railway line was surrounded by a fence however, part of the fence had
a gap The defendant was aware of the gap in the fence which had been present for several months, but had failed to do anything about it.
House of Lords departed from their previous decision and held that the defendant railway company did owe a duty of common humanity to trespassers.

Question 5

Under s1(3) 1984 an occupier of a premises owes a statutory duty of care to an unlawful visitor if….

Answer 5

They are aware of danger

They know or believe the unlawful visitor is in the place of the danger concerned