Occupiers' Liability: Presentation, Handout, and Case Law Analysis

This presentation provides an overview of Occupiers' Liability in the context of Irish law, focusing on the duty of care owed by occupiers of property. It defines occupier's liability, explains to whom this liability extends (visitors, trespassers, etc.), and details the circumstances under which a claim can be made under the Occupiers' Liability Act 1995. The presentation outlines the types of injuries covered by such claims and specifies who is excluded from being considered an entrant, as well as when the occupier is not liable. The presentation also refers to relevant case law and legislation, supporting the explanations with real-world examples and legal precedents. The presentation is complemented by a short handout which summarizes the key concepts, referencing the provided sources such as books, websites, and legal databases to provide comprehensive information. The content is designed to meet the requirements of a legal presentation, including the use of the OSCOLA Ireland citation system.

OCCUPIE
RS’
LIABILITY

What does it mean occupier’s liability?
 The occupier’s liability consists a duty of
care, which is occupied by the persons
who occupy any dangerous or defective
property through the ownership, as well
as lease.  The occupiers may be occupied that
property by any means without any
illegal activity.
 The liability may arise for any dangerous
or defective condition of that property.

To whom this Occupier’s liability arises:
The occupier’s liability arises to the following persons:
 Visitors to that property
 Trespass
 Any other person who has come across that property

Claim of occupier’s liability
 Any aggrieved party can claim damages for such
occupier’s liability under the Occupier” Liability Act 1995
in Ireland.
 It should arise from the defective personal property of the
occupier.
 The Act includes any injury sustains from any private
owned property then the occupier will be liable for
providing damages

Which type of injury needed for such claim
The injury includes:
 Loss of the life of that person
 Any disease comes from such defective
property
 Any impairment or hurt physically
 Hurt to any mental condition

Who will not be included as an entrant?
 A member of the family of the occupier who has been
ordinary living in that premises.
 The person who has entered there for an express
invitation of that occupier.
 A person who has gone there with such a permission of
that occupier or any member with an intention of any
social reason.

When does not the occupier liable?
 The occupiers will not be liable is the
injury has occurred for any negligence
of an independent contractor.
 The occupier should be taken all
reasonable care to avoid such incidents.

References
Bailey, Stephen. "Occupiers’ liability: the enactment of ‘common
law’principles." (2018).
Binchy, William. "Tort Law in Ireland: A Half-Century Review."
(2016): THE IRISH JURIST 199-218.
Collins, Daniel M. "Landlord liability for nuisance tenants: no
change." (2016) Journal of Housing Law 19.4 :66-70.
Handford, Peter, and Brenda McGivern. "Two problems of occupiers'
liability: Part one-the occupiers' liability acts and the common law."
(2015): Melb. UL Rev. 39 :128.