Occupiers' Liability Act 1984
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| Long title | An Act to amend the law of England and Wales as to the liability of persons as occupiers of premises for injury suffered by persons other than their visitors; and to amend the Unfair Contract Terms Act 1977, as it applies to England and Wales, in relation to persons obtaining access to premises for recreational or educational purposes |
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| Citation | 1957 c. 3 |
| Introduced by | Lord Hailsham |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 13 March 1984 |
| Other legislation | |
| Relates to | Occupiers' Liability Act 1957 |
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Status: Current legislation
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| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Occupiers' Liability Act 1984 (c. 3) is an Act of the Parliament of the United Kingdom that covers occupiers' liability for trespassers. In British Railways Board v Herrington 1972 AC 877, the House of Lords had decided that occupiers owed a duty to trespassers, but the exact application of the decision was unclear. The matter was then referred to the Law Commission for a report, and as a result the Occupiers' Liability Bill was introduced to Parliament by Lord Hailsham on 23 June 1983. The Act was given the Royal Assent on 13 March 1984 as the Occupiers' Liability Act 1984 and came into force on 13 May.
The Act extends the common duty of care to trespassers as well as visitors, providing that this duty is to be required when the occupier has actual or constructive knowledge that a danger exists and that a trespasser is or may be near it. Unlike the Occupiers' Liability Act 1957, the 1984 Act only allows an injured trespasser to claim for death and personal injury, not for damage to personal property. The Act also makes amendments to the Unfair Contract Terms Act 1977, with the stated intent of allowing additional educational and recreational use of land.
Originally, a trespasser on property had to prove that he was intentionally or recklessly injured, as in Addie v Dumbreck [1929] AC 358. This was seen as unfair, particularly in cases where the trespasser was a child or had only accidentally trespassed. In British Railways Board v Herrington [1972] AC 877, the House of Lords decided that a land owner could owe a duty to trespassers on his land, that duty being to avoid negligently injuring them. The application of this judgment was not certain (for example, whether or not actual knowledge of a trespasser was needed to create a duty), and it was referred to the Law Commission by the Lord Chancellor, Lord Hailsham. In 1976, the Commission recommended the introduction of legislation that created a new duty of care to be owed to "uninvited visitors", something endorsed by the Pearson Commission.
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