The Occupiers Liability Act 1984

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Introduction The areas of law to be discussed regarding Lord Waltersmith and potential claims are as followed: • The Occupiers Liability Act 1957: This covers the liability of the occupier for injury suffered by a lawful visitor. Occupier is described as the person with sufficient control to carry liability as found in Wheat v E Lacon & Co Ltd (1966) • The Occupiers Liability Act 1984: This offers similar protection to trespassers and users of rights of way that the 1957 Act does for lawful visitors. • Vicarious Liability: This is a form of Strict Liability, and refers to a situation where as someone is held accountable for actions or omissions of another person. Lord Waltersmith • Owner of Country Estate • Duty of care • Construction…show more content…
Under the control test there are certain factors that can be taken in to consideration when determining this. It is clear that the contractor has possession of the land on which the site sits. A contract should have been signed before work commenced. Lord Waltersmith’s duty of care should also be discharged as they are no longer in possession of the land. It does not matter that Lord Waltersmith is the owner of the estate that the construction site sits upon. This will place all liability and any potential compensation claim at the contractor’s door. The contractor may argue that West and Peat were only in the vicinity of the construction site because they were paying visitors to the estate, giving both joint liability for any potential claim. This, however, has a slim chance of success as the incident may have still happened if the construction site had not been on Lord Waltersmith’s estate. There is no actual obligation to keep trespassers out, as argued in British Railways Board v Herrington (1972) . There is however, a duty of care that any reasonably foreseeable injury to any lawful or unlawful visitors is avoided, and that all steps are taken to keep visitors aware of any potential dangers upon entering the site and keep them safe. Warning signs stating the danger, may discharge the duty of car a little. These signs would have to be clear descriptive signs clearly stating what dangers were on the

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