Occupier’s liability
Occupier’s Liability
Another offense in Tort.
It is to be used when an individual (Claimant) is injured while on someone’s (the Occupier’s)
property (or premises).
Occupier’s liability is split into two sections:
- Occupier’s Liability Act 1957
- Occupier’s Liability Act 1984
Step One – identify the occupier
- For both the 1957 and 1984 Legislation, the owner or tenant of the premises is the occupier.
Wheat v E Lacon & Co LTD (1966)
- The manager of a pub was given the right to rent out rooms in his private quarters even
though he had no ownership rights in the premises.
- A paying guest fell on an unlit staircase and died.
- The House of Lords decided that both the manager and his employers could be occupiers
under the Act so there could be more than one occupier of the premises.
Harris v Birkenhead Corporation (1976)
- A 4-year-old child was injured in an empty house.
- The local council had served a compulsory purchase order on the house, but it had not been
boarded up or made secure as it had not been taken possession of.
- It was decided the Council were in occupation as they were effectively in control of the
premises.
Step Two – identify the premises
- The location where the injury has occurred
S1(3)(a) Occupier’s Liability Act 1957
Premise is ‘any fixed or moveable structure, including any vessel, vehicle or aircraft.’
- Could include houses, buildings, land, ship in a dry dock, vehicle, lift or ladder.
Revill v Newberry (1996)
- The defendant slept in his allotment shed as he had suffered a number of thefts.
- The Claimant came on to the site at night intending to steal items from the shed.
- The Defendant poked a shotgun out of a hole and fired after hearing a noise; and hit the
claimant.
- The Court decided that this was a claim in negligence as opposed to Occupier’s liability.
For a claim to succeed in occupier’s liability, the claimant needs to be injured by the dangerous
conditions of the land.
Occupier’s Liability Act 1957 – Lawful Visitors
- The location where the injury has occurred.
S2(1) Occupier’s Liability Act 1957
The Occupier owes a lawful visitor the common duty of care. Lawful visitors can be considered
separately as adults, children, or workmen.
Occupier’s Liability
Another offense in Tort.
It is to be used when an individual (Claimant) is injured while on someone’s (the Occupier’s)
property (or premises).
Occupier’s liability is split into two sections:
- Occupier’s Liability Act 1957
- Occupier’s Liability Act 1984
Step One – identify the occupier
- For both the 1957 and 1984 Legislation, the owner or tenant of the premises is the occupier.
Wheat v E Lacon & Co LTD (1966)
- The manager of a pub was given the right to rent out rooms in his private quarters even
though he had no ownership rights in the premises.
- A paying guest fell on an unlit staircase and died.
- The House of Lords decided that both the manager and his employers could be occupiers
under the Act so there could be more than one occupier of the premises.
Harris v Birkenhead Corporation (1976)
- A 4-year-old child was injured in an empty house.
- The local council had served a compulsory purchase order on the house, but it had not been
boarded up or made secure as it had not been taken possession of.
- It was decided the Council were in occupation as they were effectively in control of the
premises.
Step Two – identify the premises
- The location where the injury has occurred
S1(3)(a) Occupier’s Liability Act 1957
Premise is ‘any fixed or moveable structure, including any vessel, vehicle or aircraft.’
- Could include houses, buildings, land, ship in a dry dock, vehicle, lift or ladder.
Revill v Newberry (1996)
- The defendant slept in his allotment shed as he had suffered a number of thefts.
- The Claimant came on to the site at night intending to steal items from the shed.
- The Defendant poked a shotgun out of a hole and fired after hearing a noise; and hit the
claimant.
- The Court decided that this was a claim in negligence as opposed to Occupier’s liability.
For a claim to succeed in occupier’s liability, the claimant needs to be injured by the dangerous
conditions of the land.
Occupier’s Liability Act 1957 – Lawful Visitors
- The location where the injury has occurred.
S2(1) Occupier’s Liability Act 1957
The Occupier owes a lawful visitor the common duty of care. Lawful visitors can be considered
separately as adults, children, or workmen.
