Occupiers’ liability


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Property Disputes expert
Practice notes

Occupiers’ liability


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Property Disputes expert

Practice notes
imgtext

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

Powered by Lexis+®
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.

Read more

Popular documents

A landlord has a right of access to carry out works on failure of a tenant to comply with a notice to

A landlord has a right of access to carry out works on failure of a tenant to comply with a notice to repair pursuant to a Jervis v Harris clause. If the tenant does not carry out the works, does the landlord have an automatic right to enter the premises to carry out the works or must it obtain the

Defective Premises Act—landlords' liability

Defective Premises Act—landlords' liabilityA landlord's liability to a tenant for the state and condition of premises is generally determined by the terms of the tenancy. However, under the Defective Premises Act 1972 (DPA 1972), where the lease imposes repairing obligations on the landlord, they

A freeholder has an obligation to repair balconies in a block of flats. A number of lessees have (with

A freeholder has an obligation to repair balconies in a block of flats. A number of lessees have (with permission) replaced balustrades and tiling which are of substantially higher quality than the original balustrades and tiles. In order to repair the balconies, the landlord will need to remove the

If a landlord rents out a property which has oil heating (rather than gas), is there the same legal

If a landlord rents out a property which has oil heating (rather than gas), is there the same legal obligation to provide a safety certificate? The boiler runs off oil rather than gas. If the tenant refuses to supply the oil (which they are required to do under their tenancy agreement) then the