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It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises. In English law, occupiers' liability towards visitors is regulated in the Occupiers' Liability Act 1957. In addition, occupiers' liability to trespassers is provided under the Occupiers' Liability Act 1984.
Occupiers' Liability, Reckless Disregard, Trespasser, Recreational User Weir-Rodgers v SF Trust Ltd [2005] IESC 2 is a reported decision of the Irish Supreme Court that confirmed that under Section 4 of the Occupiers Liability Act 1995 an occupier of land is not required to take all reasonable care to safeguard the person or property of either ...
In the Republic of Ireland, under the Occupiers' Liability Act, 1995, the duty of care to trespassers, visitors and "recreational users" can be restricted by the occupier; provided reasonable notice is given, for which a prominent notice at the usual entrance to the premises usually suffices. [3]
Tomlinson v Congleton Borough Council [2003] UKHL 47 is a 2003 court case in England from the House of Lords regarding the torts of negligence and occupiers' liability (the latter regarding the Occupiers' Liability Act 1984). It was a landmark case that has been regarded as an attempt to stem the development of a "compensation culture" in the ...
In the Republic of Ireland, under the Occupiers' Liability Act, 1995, the duty of care to trespassers, visitors and "recreational users" can be restricted by the occupier; provided reasonable notice is given, for which a prominent notice at the usual entrance to the premises usually suffices. [38]
An Act to amend the law of England and Wales as to the liability of occupiers and others for injury or damage resulting to persons or goods lawfully on any land or other property from dangers due to the state of the property or to things done or omitted to be done there, to make provision as to the operation in relation to the Crown of laws ...
The Occupiers' Liability Act 1984 (c. 3) is an Act of the Parliament of the United Kingdom that covers occupiers' liability for trespassers. In British Railways Board v Herrington 1972 AC 877, the House of Lords had decided that occupiers owed a duty to trespassers, but the exact application of the decision was unclear.
The case was originally heard by His Honour Judge Bowers in the Queen's Bench Division of the High Court of Justice of England and Wales.Here, the claimant succeeded, though was forced to concede his duty was owed to him under the Occupiers' Liability Act 1984, which deals with trespassers, as opposed to the Occupiers' Liability Act 1957, which deals with lawful visitors.