Occupiers Liability Essay examples -- Papers

Occupier's Liability Objective The objective of this document is to outline the obligations of the RSPB, as occupier of property. The obligations are set out in two Occupier's Liability Acts 1957 and 1984, and are owed to persons who enter RSPB property either as licensed visitors, or as unlicensed trespassers. The document does not purport to cover every particular situation and those in any doubt should consult Legal and Compliance as to secure their own position. Overview The RSPB owns large quantities of real estate, including many public reserves. It also owns many offices to which employees have access. As Occupier, the RSPB owes a duty of care to any persons who use RSPB land, irrespective of authorisation. Legal Analysis RSPB is the Occupier for the purposes of both the "Occupier's Liability Act 1957" and "Occupier's Liability Act 1984." This is because the RSPB as an organisation has immediate supervision and control and the power of permitting or prohibiting the entry of persons onto its land. Thus, the Law imposes equitable liability upon the RSPB for its defective premises and death or personal injury (and loss to property) that incurred by persons upon its land This responsibility upon the RSPB to secure the welfare of persons upon its land, is affected by the status of such persons. Indeed, the duty owed to lawful visitors is of a higher standard than the duty owed to unlawful trespassers. However, in accordance with the law, 'reasonable measures' need to be taken to secure the welfare of both groups. The Duty of Care owed to Lawful Visitors Section 2 (2) of the Occupier's Lia... ...tandard of care owed differentiates. The standard for an invited person is higher as the RSPB undertakes to secure his welfare, the standard for a trespasser is objective and thus lower, as the trespasser is deemed to be an average person, and no regard is given to the idiosyncrasies of the trespasser: age, mental health. Evaluation The RSPB must take all reasonable measures to ensure its grounds are reasonably safe and that any disclaimers of safety offer greater protection to the visitor rather than just highlighting the risk. However, for trespassers, there must still be no overtly dangerous objects/circumstances upon RSPB property, though regard need not be given to particular characteristics of trespassers. Moreover, disclaimers ought to warn of the dangers but not necessarily offer any alternatives.