Occupiers Liability

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Occupiers Liability

Occupiers Liability Act 1957.

This makes an occupier liable for any damage to any lawful person who is on the premises, whether that is by license, consent or contract.  It does not, however, mean anyone who is unlawfully there.  The premises include moveable structures, such as cars and ladders etc., as well as the structure itself.

There may be more than one person classed as the occupier: it may be a landlord and the actual occupier etc., etc.  Each person is liable for as much control they exert (i.e. if you have little control, your liability will be equally little.)

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Children are to be treated as being less careful than adults, and as such more care must be taken when children are to be allowed onto premises.

The Act does provide for volenti, in that the Victim may, through agreement, accept risk.

Warning signs may be used to warn people that an area is dangerous, and thus absolve themselves of liability.  However, these warnings must be large and very obvious, in an area where they will be seen, and be easily understood.

Occupiers Liability Act 1984

This act merely covers personal injury to persons other ...

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