Occupiers’ Liability
The law relating to lawful visitors can be found in the Occupiers' Liability Act 1957.
Lawful Visitors can be:
- A friend that is invited
- Someone who buys a ticket to come on the land (football supporter)
- Customers in a shop, not specifically invited but allowed
- Police officers, meter readers, right to enter under law
Child visitors:
Owed a greater care
Glasgow Corporation v Taylor 1922, boy died after eating poisonous berries on a park, there was no sign or fence to deter the boy from eating the fatal berries. Herrington v British Railways Board 1972, boy badly burned after getting onto a train track through a hole in the fence, which the board were aware of.
Adult visitors:
Owed less of a duty of care, signposts are enough to uphold such duty.
Independent contractors:
The claimant cannot sue the owner of a shop if some of the plaster falls off of the ceiling and injures the claimant. Instead, it is the independent contractor who the claimant has the right to sue. However, if the job did not require specific expertise such as slipping on ice on a step, the claimant can sue the shop owner as they could have checked to see if the step was icy.
Non-visitors:
Occupiers’ Liability Act 1984 made this area of law clearer. It states that an occupier owes a duty of care to a trespasser if:
- He is aware of the danger on the grounds
- He knows that there is a possibility for non visitors to enter the vicinity
- He, under all circumstances, has failed to protect a non visitor
Non-visitors can claim for injury unless the risk was obvious.
Tomlinson v Congleton Borough Council 2003. There was a lake in a park and the defendant was aware of the signposts saying ‘No swimming’ and ‘dangerous water’.
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