Occupier Liability - Do You Know Who is on Your Land
As a landlord or owner of property are you aware of the implications of the Occupiers Liability Act 1957 and the Occupiers Liability Act 1984….
You need to know the potential risks from both lawful visitors and trespassers (others) and which Act applies.
An occupier is someone who is widely regarded as having a sufficient degree of control over the premises, meaning they have a duty to those who come onto the property.
Are you an owner/landlord responsible for a site’s common areas?
Or are you a tenant with a responsibility to manage the property?
Both situations could apply and there can be multiple parties with a duty.
From a property management perspective, it is essential to understand the implications these pieces of legislation place upon you and how your property is managed. It is also key to ensure that all reasonable care is taken even to protect unknown visitors from risks that are known to exist.
An example of this has been seen in cases where injury flowed from an action where signs and measures were put in place to protect visitors from the risk. This could be where a business park has a large pond within the landscaped areas and signs are clearly erected stating, No Swimming – Dangerous Water.
Always remember there can be more than one occupier at any time.
Always carry out regular reviews of your land and property to assess where risks may exist.
If contractors are on your site, consider their public liability insurance and what the risks are.
For full assistance with property management related matters whether this is for commercial or residential assets our team are experienced in assessing risk and ensuring sufficient actions are taken to help you avoid the costly mistakes that can flow from in action.
For more information contact pmsuppliers@primmeroldsbas.co.uk