Occupier's Liability

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...

... middle of paper ...

...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.