Download Liability Act 1984: Premises Occupiers' Duties & Responsibilities to Non-Visitors and more Study notes Law in PDF only on Docsity! ELIZABETH II c. 3 1 Occupiers' Liability Act 1984 1984 CHAPTER 3 An Act to amend the law of England and Wales as to the liability of persons as occupiers of premises for injury suffered by persons other than their visitors; and to amend the Unfair Contract Terms Act 1977, as it applies to England and Wales, in relation to persons obtaining access to premises for recreational or educational purposes. [13th March 1984] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- 1.-(1) The rules enacted by this section shall have effect, in Duty of place of the rules of the common law, to determine- occupier to persons other (a) whether any duty is owed by a person as occupier of than his premises to persons other than his visitors in respect visitors. of any risk of their suffering injury on the premises by reason of any danger due to the state of the premises or to things done or omitted to be done on them; and (b) if so, what that duty is. (2) For the purposes of this section, the persons who are to be treated respectively as an occupier of any premises (which, for those purposes, include any fixed or movable structure) and as his visitors are- (a) any person who owes in relation to the premises the duty referred to in section 2 of the Occupiers' Liability 1957 c. 31. Act 1957 (the common duty of care), and (b) those who -are his visitors for the purposes of that duty. c. 3 Occupiers' Liability Act 1984 (3) An occupier of premises owes a duty to another (not being his visitor) in respect of any such risk as is referred to in subsection (1) above if- (a) he is aware of the danger or has reasonable grounds to believe that it exists; (b) he knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or that he may come into the vicinity of the danger (in either case, whether the other has lawful authority for being in that vicinity or not); and (c) the risk is one against which, in all the circumstances of the case, he may reasonably be expected to offer the other some protection. (4) Where, by virtue of this section, an occupier of premises owes a duty to another in respect of such a risk, the duty is to take such care as is reasonable in all the circumstances of the case to see that he does not suffer injury on the premises by reason of the danger concerned. (5) Any duty owed by virtue of this section in respect of a risk may, in an appropriate case, be discharged by taking such steps as are reasonable in all the circumstances of the case to give warning of the danger concerned or to discourage persons from incurring the risk. (6) No duty is owed by virtue of this section to any person in respect of risks willingly accepted as his by that person (the question whether a risk was so accepted to be decided on the same principles as in other cases in which one person owes a duty of care to another). (7) No duty is owed by virtue of this section to persons using the highway, and this section does not affect any duty owed to such persons. (8) Where a person owes a duty by virtue of this section, he does not, by reason of any breach of the duty, incur any liability in respect of any loss of or damage to property. (9) In this section- " highway " means any part of a highway other than a ferry or waterway; " injury " means anything resulting in death or personal injury, including any disease and any impairment of physical or mental condition; and 66 movable structure " includes any vessel, vehicle or aircraft.
