Q&As

Where a private slipway is maintained by a local council by way of an agreement which also allows the public to use the slipway, what liability does the private owner have if the public suffer damage due to the state of repair of the slipway. What steps could the owner take to avoid liability, eg signage?

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Published on LexisPSL on 06/04/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Where a private slipway is maintained by a local council by way of an agreement which also allows the public to use the slipway, what liability does the private owner have if the public suffer damage due to the state of repair of the slipway. What steps could the owner take to avoid liability, eg signage?

Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of care to all their visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them. They must take such care as is reasonable in all the circumstances of the case. A person is an occupier if they have control over the land, even though they are not physically in possession. The test is whether a person has some degree of control associated with and arising from their presence in and use of for any activity in the premises. It is, therefore, possible for both a landlord and tenant to be l

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