Occupiers Liability Free Tort Law Essay

How far has the common law liability of an occupier of land to visitors and other entrants (including trespassers and others) been enhanced by statutory provisions? Are the personal characteristics of the entrant (such as age) now of crucial importance in determining liability of an occupier to visitors and trespassers?

The liability of an occupier of premises to those entering upon his land is now regulated almost entirely by the Occupiers’ Liability Acts 1957 and 1984. There is nothing to be found in those statutes which is alien to the duty of care imposed by the common law. Indeed, as will be seen, much of the language is familiar. However, the statutes represent a strengthening of the previously existing duties. A consideration of the progress of the law in this area from the common law through to 1957 Act to the 1984 Act reveals a progressive broadening of the scope of an occupier’s responsibility.

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