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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
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:
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.
The Occupiers' Liability (Northern Ireland) Order 1987 provides certain exemptions or defenses that occupiers can use to limit or avoid liability in specific circumstances. These exemptions acknowledge that there are situations where occupiers may not be held fully responsible for accidents or injuries that occur on their premises. Here are some key exemptions outlined in the Order:
It's important to note that these exemptions are not absolute, and whether an occupier can successfully use them as defenses depends on the specific circumstances of each case. Occupiers should still exercise reasonable care to maintain their premises and protect visitors from foreseeable risks whenever possible. If you're dealing with a specific legal situation involving occupiers' liability, it's advisable to seek legal counsel for accurate guidance.
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Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.