The K-Zone: Occupiers' Liability Act (1984)

This Act defines the DutyOfCare that the occupier of premises owes to people who are not covered by the provisions of the OccupiersLiabilityAct1957. In the main, this means trespassors (see trespass), but it also protects persons exercising a private (but not public) right of way -- a category excluded from the 1957 Act.

The 1984 Act, unsurprisingly, offers less protection that the 1957 Act. A duty of care only arises where

  • the occupier is, or should be, aware of the danger on his property, has some

  • the occupier has reasonable grounds to believe that people may enter the premises without his permission

  • the danger is one which it is reasonable to expect the ocupier to protect against

    It is this last provision that has caused most difficulty in the courts. See OccupiersLiabilityToTrespassers for more details.

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