Legal liability for land and structures on land
The Occupiers Liability Act 1957 imposes a duty upon those who own or occupy land or buildings if they possess “control” to ensure that the land or buildings are reasonably safe for visitors. A visitor is a person who enters land or a building under an express or implied license to enter. Those who enter land under a right of way are not visitors and the duty does not extend to them.
A much lower duty akin to a duty of common humanity is owed by those in control of land and buildings to trespassers under a 1984 enactment.
The person in control must either be aware of the defect but can be fixed with knowledge which they would have had had proper maintenance been carried out.
The Defective Premises Act 1972 is also relevant – those who work on buildings owe a duty of care to those who may be injured by their defective workmanship.
Contact us for more information on claims involving land & buildings in Stoke-on-Trent, Newcastle-under-Lyme, Market Drayton and surrounding areas.