Occupiers Liability
OCCUPIERS LIABILITY
The occupancy of premises is affected by two statues:
1) The occupier’s liability act 1957. Under this act there is a duty to keep safe and lawful visitors to the premises
2) The occupier’s liability act 1984. Where an occupier may owe a duty to protect trespassers onto the premises.
LAWFUL VISITORS
A lawful visitor has permission to enter premises.
This can be expressed permission of implied.
There are four situations covering implied permissions:
1) If the occupier knows (or should know) that people are repeatedly visiting his land and does nothing about it. Permission may be implied.
Lewery v Walker
The defendant’s field was often used as a shortcut. He put a wild horse in a field and it attacked a person.
The court said he was a lawful visitor because the defendant knew about the shortcut
2) The doctrine of allurement. This means that a child is a visitor and not a trespasser if he enters land to investigate something dangerous and attractive to children.
Jolley v Sutton BC
Where the attraction was an abandoned boat
3) Entry in order to communicate. There is implied permission to walk up the path to the door of the house with the purpose of communicating with the occupiers. Robsen v Hallett
There is no implied permission for everyone prohibited by a notice on the gate. If asked to leave the person is still a visitor if asked to leave within a reasonable time by a reasonable route.
4) Power of entry by stator authority. Examples
e.g. postman and fireman.
Trespassers
A trespasser is someone who enters without invitation and their presence is unknown by the occupier and if known is in subject to in a practical way such as a padlock or a verbal warning. Trespass is a strict liability tort so the nature is irrelevant.
Sometimes a lawful visitor can become a trespasser:
Limit as to area
e.g. visiting a stately home and going through a door marked authorized person’s only if he limit is unclear the court will give
The occupancy of premises is affected by two statues:
1) The occupier’s liability act 1957. Under this act there is a duty to keep safe and lawful visitors to the premises
2) The occupier’s liability act 1984. Where an occupier may owe a duty to protect trespassers onto the premises.
LAWFUL VISITORS
A lawful visitor has permission to enter premises.
This can be expressed permission of implied.
There are four situations covering implied permissions:
1) If the occupier knows (or should know) that people are repeatedly visiting his land and does nothing about it. Permission may be implied.
Lewery v Walker
The defendant’s field was often used as a shortcut. He put a wild horse in a field and it attacked a person.
The court said he was a lawful visitor because the defendant knew about the shortcut
2) The doctrine of allurement. This means that a child is a visitor and not a trespasser if he enters land to investigate something dangerous and attractive to children.
Jolley v Sutton BC
Where the attraction was an abandoned boat
3) Entry in order to communicate. There is implied permission to walk up the path to the door of the house with the purpose of communicating with the occupiers. Robsen v Hallett
There is no implied permission for everyone prohibited by a notice on the gate. If asked to leave the person is still a visitor if asked to leave within a reasonable time by a reasonable route.
4) Power of entry by stator authority. Examples
e.g. postman and fireman.
Trespassers
A trespasser is someone who enters without invitation and their presence is unknown by the occupier and if known is in subject to in a practical way such as a padlock or a verbal warning. Trespass is a strict liability tort so the nature is irrelevant.
Sometimes a lawful visitor can become a trespasser:
Limit as to area
e.g. visiting a stately home and going through a door marked authorized person’s only if he limit is unclear the court will give