Unit 6 - Occupiers Liability

Question 1

For a liability claim to fall within the 1957 Occupiers liability to visitors, the claimant would need to.. ?

Answer 1

○ establish that they have suffered loss due to the state of the premises;
○ identify the occupier;
○ prove that they are a visitor; - establish that the occupier failed to take reasonable care for the visitor’s safety.

Question 2

what factors will the courts need to consider when thinking about breach or if a warning sign has let an occupier escaped breach ?

Answer 2

○ nature of the danger;
○ purpose of visit;
○ seriousness of injury risked;
○ magnitude of risk;
○ cost and practicability of steps required to avoid the danger;
○ how long the danger had been on the premises;
○ any warning of the danger;
type of visitor.

Question 3

In addition to Trespassers, what three other groups does the 1984 act apply to?

Answer 3

○ people entering under an access agreement or order under the National Parks and Access to the Countryside Act 1949
○ people who enter land pursuant to the Countryside and Rights of Way Act 2000 (the duty owed to this category of person is limited by the 1984 Act)
- people who exercise private rights of way over land.