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Occupiers Liability - Coggle Diagram
Occupiers Liability
Remedies - can award damages for personal injury and property damage.
Is the defendant an occupier of the premises? -
No
No liability
Yes - Is the claimant a visitor?
Invited onto the premises by the defendant.
Enters to pursue a contract.
Enters under a license granted by the defendant.
Enters with legal authority.
Yes - Has the defendant breached his duty?
The defendant failed to keep the claimant reasonably safe for the legitimate purposes of the claimants visit.
Yes - defendant is liable under the 1957 Act.
No - no liability under the 1957 Act.
No - is the claimant
A tresspasser.
Entering under the National Parks and Countryside Act.
Using a private right of way?
Yes - Occupiers' Liability Act 1984 may apply
Defendant has sole control of premises at time harm caused to claimant or the defendant is one of many people with interest in premises but was in control at material times.