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Occupiers' Liability Act 1984

Consolidated Text As Enacted Cited authorities 3 Cited in Amendments 4 Related
Vincent
JurisdictionUK Non-devolved
whether any duty is owed by a person as occupier of premises to persons other than his visitors in respect of any risk of their suffering injury on the premises by reason of any danger due to the state of the premises or to things done or omitted to be done on them; andif so, what that duty is.any person who owes in relation to the premises the duty referred to in section 2 of the those who are his visitors for the purposes of that duty.he is aware of the danger or has reasonable grounds to believe that it exists;he knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or that he may come into the vicinity of the danger (in either case, whether the other has lawful authority for being in that vicinity or not) ; andthe risk is one against which, in all the circumstances of the case, he may reasonably be expected to offer the other some protection.(4) Where, by virtue of this section, an occupier of premises owes a duty to another in respect of such a risk, the duty is to take such care as is reasonable in all the circumstances of the case to see that he does not suffer injury on the premises by reason of the danger concerned.(5) Any duty owed by virtue of this section in respect of a risk may, in an appropriate case, be discharged by taking such steps as are reasonable in all the circumstances of the case to give warning of the danger concerned or to discourage persons from incurring the risk.(6) No duty is owed by virtue of this section to any person in respect of risks willingly accepted as his by that person (the question whether a risk was so accepted to be decided on the same principles as in other cases in which one person owes a duty of care to another) .a risk resulting from the existence of any natural feature of the landscape, or any river, stream, ditch or pond whether or not a natural feature, ora risk of that person suffering injury when passing over, under or through any wall, fence or gate, except by proper use of the gate or of a stile.(6AA) Where the land is coastal margin for the purposes of Part 1 of that Act (including any land treated as coastal margin by virtue of section 16 of that Act) , subsection (6A) has effect as if for paragraphs (a) and (b) of that subsection there were substituted “ a risk resulting from the existence of any physical feature (whether of the landscape or otherwise) . ”(6B

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