Last amended by Countryside and Rights of Way Act 2000 (s.13) in 2003. Persons exercising the right of access under CRoW Act 2000 are treated as non-visitors under the 1984 Act, not as visitors under the 1957 Act.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Occupiers' Liability Act 1984 regulates the duty of care owed by occupiers of premises to persons other than lawful visitors — principally trespassers. It replaced the limited common law duty established in British Railways Board v Herrington [1972] with a statutory framework. The duty arises only if the occupier is aware of the danger (or has reasonable grounds to believe it exists), knows or has reasonable grounds to believe the trespasser is in the vicinity of the danger, and the risk is one against which the occupier may reasonably be expected to offer some protection.
Key Points
- Duty owed to non-visitors (trespassers) in respect of injury (not property damage) (s.1)
- Three conditions must be met before duty arises: awareness of danger, knowledge of trespasser's presence, risk requires protection (s.1(3))
- Duty is to take reasonable care to see that the trespasser is not injured (s.1(4))
- Duty may be discharged by taking reasonable steps to warn of the danger or discourage trespass (s.1(5))
- No duty in respect of risks willingly accepted by the trespasser (s.1(6))
- No duty to non-visitors in respect of loss of or damage to property (s.1(8))
Parts & Sections
Amendments History
2003 — Countryside and Rights of Way Act 2000 (s.13)
Persons exercising the right of access under CRoW Act 2000 are treated as non-visitors under the 1984 Act, not as visitors under the 1957 Act.
Frequently asked questions
- What is the main purpose of the Occupiers' Liability Act 1984?
- The Occupiers' Liability Act 1984 regulates the duty of care owed by occupiers to persons other than lawful visitors, principally trespassers. It replaced the limited common law duty established in British Railways Board v Herrington with a statutory framework. The duty applies specifically to injury, not property damage, and requires the occupier to take reasonable care to prevent harm.
- When does a duty of care arise towards a trespasser?
- Three conditions must be met: the occupier must be aware of the danger or have reasonable grounds to believe it exists; the occupier must know or have reasonable grounds to believe the trespasser is in the vicinity of the danger; and the risk must be one against which the occupier may reasonably be expected to offer some protection.
- How can an occupier avoid liability for a trespasser's injury?
- An occupier can discharge their duty by taking reasonable steps to warn of the danger or to discourage trespass. Additionally, there is no duty in respect of risks that are willingly accepted by the trespasser. The duty is specifically to take reasonable care to see that the trespasser is not injured.
- How are people using the right of access under the CRoW Act treated?
- Persons exercising the right of access under the Countryside and Rights of Way Act 2000 are treated as non-visitors under the 1984 Act. They are not considered visitors under the 1957 Act, meaning the specific duties owed to them are governed by the provisions applicable to non-visitors rather than lawful visitors.