Occupiers' Liability (Northern Ireland) Order 1987, No. 1280 (as amended)

The Occupiers' Liability (Northern Ireland) Order 1987 is a legal framework that governs the liability of occupiers towards visitors and trespassers on their premises in Northern Ireland. The primary purpose of this order is to establish the legal obligations and responsibilities of individuals or entities who are in control of a property (occupiers) to ensure the safety of those who enter their premises.

Under the Order, occupiers are required to take reasonable care to ensure that their premises are safe for both visitors and, to some extent, even trespassers. This includes identifying potential hazards, warning visitors about any known risks, and taking necessary steps to prevent accidents or injuries. The level of care expected from an occupier may vary based on the status of the person entering the premises (visitor or trespasser) and the circumstances surrounding their visit.

The Order applies to a wide range of situations and premises, including private residences, commercial establishments, public spaces, and recreational facilities. It covers various scenarios, such as slip and fall accidents, defective equipment, or any other circumstances that might lead to harm or injury to individuals present on the premises.

Overall, the Occupiers' Liability (Northern Ireland) Order 1987 aims to strike a balance between the rights and responsibilities of both occupiers and those who enter their premises. It encourages occupiers to maintain a safe environment and encourages individuals to exercise caution while on others' property.

The Occupiers' Liability (Northern Ireland) Order 1987 sets out specific evidence requirements that are relevant when determining liability in cases of accidents or injuries that occur on premises. These requirements pertain to establishing whether an occupier has fulfilled their duty of care towards visitors or trespassers. Here is a summary of the evidence requirements under the Order:

1. Foreseeability of Risk: To establish liability, it must be demonstrated that the occupier could have reasonably foreseen the risk of harm. This involves assessing whether the risk was foreseeable based on the circumstances and the nature of the premises.
2. Knowledge of Danger: The occupier's knowledge of the danger or hazard is crucial. If the occupier was aware of a hazard or danger on the premises, they are generally expected to take reasonable steps to address or mitigate the risk.
3. Reasonable Care: The occupier's duty is to take reasonable care in ensuring the safety of visitors and to warn them about any potential hazards that they are not likely to be aware of.
4. Visitor's Awareness: In cases involving visitors, it is important to establish whether the danger was obvious and whether the visitor was reasonably expected to be aware of it. If the danger was obvious and the visitor failed to exercise reasonable caution, the occupier's liability may be limited.
5. Trespassers' Protection: The Order also extends a limited duty of care to trespassers. If an occupier is aware of frequent trespassing or potential harm to trespassers, they may be required to take reasonable steps to protect them.
6. Contributory Negligence: The concept of contributory negligence applies, meaning that if the injured party's actions contributed to their own injury, the compensation awarded may be reduced accordingly.
7. Defenses: The Order outlines certain defenses that an occupier can use, such as demonstrating that the visitor willingly accepted the risk or that the danger was caused by an independent contractor.
8. Causation: Establishing a causal link between the occupier's actions or lack thereof and the resulting harm is essential in determining liability.

In cases of disputes or legal proceedings related to occupiers' liability, gathering and presenting evidence that addresses these factors is crucial. This evidence can include witness statements, photographs, records of maintenance and inspections, and expert testimony, among other relevant documentation. It's important to note that each case is unique, and the specific evidence required will depend on the circumstances surrounding the incident and the individuals involved.