Occupiers' Liability Act 1984

요약

The Occupiers' Liability Act 1984 regulates the duty of care owed by occupiers of premises to persons other than lawful visitors — principally trespassers. It replaced the limited common law duty established in British Railways Board v Herrington [1972] with a statutory framework. The duty arises only if the occupier is aware of the danger (or has reasonable grounds to believe it exists), knows or has reasonable grounds to believe the trespasser is in the vicinity of the danger, and the risk is one against which the occupier may reasonably be expected to offer some protection.

핵심 포인트

• Duty owed to non-visitors (trespassers) in respect of injury (not property damage) (s.1)
• Three conditions must be met before duty arises: awareness of danger, knowledge of trespasser's presence, risk requires protection (s.1(3))
• Duty is to take reasonable care to see that the trespasser is not injured (s.1(4))
• Duty may be discharged by taking reasonable steps to warn of the danger or discourage trespass (s.1(5))
• No duty in respect of risks willingly accepted by the trespasser (s.1(6))
• No duty to non-visitors in respect of loss of or damage to property (s.1(8))

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