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Both OLAs do not provide thorough protection of visitors and Trespassers.

 

 

 

 

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Both OLAs do not provide thorough protection of visitors and Trespassers.

Many people in various parts of the world experience death and injuries while trespassing. According to the US Department of Transportation, in 2018, 3648 people were found trespassing in the US without the intention of harming themselves between 2012 and 2014. Of the 3648, 1713 died. It implies that trespassing has become risky. Different states have come up with trespassing law tort to discourage people again the habit. The tort is not codified in any particular place and varies from state to state.[1]. Most importantly, the United States government came up with the Occupiers’ Liability Acts (OLA) of 1957 and 1984, both aimed at protecting trespassers and visitors who come upon someone else’s land[2]. The statutes are not concerned with the acts of trespassers themselves but with the state of repair which the occupier has to maintain on his/her premises to prevent injury to a trespasser’s person or property[3]. The OLA of 1957 provides that if a person is injured on another’s property due to an unreasonable risk of harm, then he/she may bring an action for damages against the occupier[4]. Besides, the OLA of 1984 (OLA) is legislation formulated by the British Parliament to protect people injured in public places. Some people believe that the Acts have been effective in ensuring optimal protection for people who trespass and get into other people’s lands[5]. These people hold a robust perception that Occupier’s Liability Acts are effective in protecting trespassers who are injured on your premises because of the danger of an object or substance in their premises[6]. The law places a duty on an occupier to take reasonable care to avoid acts and omissions which they can reasonably foresee would be likely to injure your visitors or trespassers[7]. Nevertheless, both OLAs do not offer enough protection for trespassers and visitors who come upon other people’s lands. 

First, the OLA contract is only signed once a year, limiting their ability to fully protect visitors and trespassers. OLAs allows you to designate areas on your property as open to enter once per year, often in exchange for a small donation or token payment from the visitor[8]. But these agreements have a serious limitation.[9]. If a contract is not signed, visitors and trespassers to the land are not protected. In this case, the law places a duty on an occupier to take reasonable care[10]. If one is hurt while within the occupier’s premises, nothing can be done to compensate such an individual[11]. Thus, the once-a-year contract leaves a loophole for occupiers to escape or fail to take reasonable care of visitors or trespassers within their lands. As a result, OLA does not fully protect visitors and trespassers. 

Besides, OLA only applies to private lands and does not protect visitors and trespassers who visit public lands. In this case, the occupiers have the responsibility of making sure that the visitors and trespassers are safe[12]. However, this does not apply to public lands. If a visitor to public land gets injured or dies as a result of dangerous activities and features within the premises, nothing can be done[13]. Markedly, the visitors or trespassers who suffer such misfortune are not compensated[14]. OLA laws do not outline how such people can be taken care of while on public land. Therefore, OLA does not fully protect visitors and trespassers since it does not outline how those vising public land can be compensated but only talks about private land. 

OLAs create legal confusion and liability issues for landowners and, as a result, do not fully protect visitors and trespassers as needed. as of 1957 and 1984 create legal confusion and liability issues for landowners[15]. The OLAs place an obligation on landowners to protect people from harm caused by dangerous objects or activities on the land, such as loose ladders, fallen trees, dog attacks, etc[16]. However, most landowners perceive that there is no such obligation for objects or activities that are considered “open and obvious,” such as manhole covers, steps, cement mixer drums left in fields, etc[17]. In this case, the landowners get confused about whether to compensate for any harm caused by what they perceive as “open and obvious.” [18] It leads to a situation where some of the occupiers fail to take care of activities and features to ensure optimal safety for visitors and trespassers[19]. Hence, it explains why the OLAs do not protect visitors and trespassers fully. 

Also, the law doesn’t protect people from being verbally abused within the premises. Occupier’s Liability Acts (OLA) of 1957 and 1984 does not protect verbal abuse. The OLA only protects against physical assault or assault that leads to physical harm. So, verbal assaults are not covered under the OLA. In case an occupier is liable to protect a visitor against verbal abuse and related consequences. Markedly, people needed to be protected against a form of abuse regardless of whether it is verbal or physical.[20]. Verbal abuse, like physical abuse, is about control. Abusers want to control their victim’s behavior and emotions, often to the point of seeking complete domination over them[21]. Verbal abuse can include threats of violence toward the victim or others. For instance, an abuser might threaten to beat up a co-worker or cut off a family member if the victim doesn’t do something[22]. People can still suffer from this kind of abuse despite the existence of the OLAs. Overall, OLAs do not offer full protection to visitors and trespassers within the people’s lands. 

Occupiers’ Liability Acts of 1957 and 1984 are not effective in protecting visitors from potential hazards [23]. It is a common belief that one can become a successful occupier by following OLAs of 1957 and 1984, but this is not true[24]. For example, when a visitor trips over uneven pavement, he would be expected to prove that the occupier had actual or constructive notice of the defect[25]. However, it is not easy to establish actual or constructive notice in such circumstances because it is difficult to prove that the occupier was aware of the existence of the defect or that reasonable steps were not taken to remedy it[26]. In this case, the occupier can easily win a case. Furthermore, even if it is established that the occupier had actual or constructive notice of the defect, an occupier may escape liability by proving that it took reasonable care to maintain the premises in a safe condition[27]. This means that even if an occupier has actual or constructive notice of a defect on its premises, it might escape liability under this Act because it took reasonable care to maintain them in a safe condition[28]. In addition, when litigating in court, certain rules may affect a court’s decision, including rules on burden and standard of proof[29]. This means, for example, where there is little evidence[30]. In such a case, it is not guaranteed that one can receive compensation for injuries or even death within the premises since the OLAs does not fully protect visitors and trespassers[31]. 

Occupiers’ Liability Acts of 1957 and 1984 are not effective in protecting visitors from criminal activities that occur within the premises of a building or a premise[32]. This is because, under the Act, when people enter premises, they do it at their own risk, and therefore, there is no legal obligation on the part of an occupier to protect them from injury[33]. To date, there has been no case law that establishes that an occupier is liable for criminal acts committed within his premises by third persons[34]. If individuals were able to establish this liability, then the occupier would be liable for injuries caused by any criminal activity within the premises irrespective of whether they knew or ought to have known about the criminal activity[35]. Overall, OLA does not fully protect visitors and trespassers since it does not protect them from criminal activities that may occur when they are within their occupier’s premises[36]. 

However, some people believe that OLAs of 1957 and 1984 effectively protects visitors and trespassers[37]. They argue that the pieces of the legislature are effective since they minimize the risks of accidents that can happen in public places[38]. The two acts are also important to protect the rights of victims who become injured as a result of negligence or fault[39]. These pieces of legislation have been used to help victims seek compensation for serious injuries and death[40]. Besides, the pieces of the legislature are effective since they give occupiers a legal responsibility to visitors on their premises[41]. It is not the duty of occupiers to protect the visitors, but they are responsible for any injury or loss caused by the dangerous condition on their premises[42]. The occupiers have to take reasonable care to make their premises safe for visitors[43]. Nevertheless, the OLAs of 1957 and 1984 are not effective since they are signed once a year, only applied to private lands, create legal confusion and liability issues for landowners, doesn’t protect people from being verbal abuse within the premises, is not good in protecting people against potential hazards, and does not protect visitors from criminal activities while within the occupier’s premises.[44].

In conclusion, trespassing is a common practice that leads to death and injuries. In this case, visitors and trespassers can be harmed by dangerous activities and features within the occupier’s premises. Government in various parts of the world have come up with measures to curb the issue. Different states have come up with trespassing law tort to discourage people again the habit. Also, the United States government came up with the Occupiers’ Liability Acts (OLA) of 1957 and 1984, both aimed at protecting trespassers and visitors who come upon someone else’s land. Whether OLAs of 1957 and 1984 are effective has common in present-day society. Nevertheless, the OLAs of 1957 and 1984 are not effective since they are signed once a year, only applied to private lands, create legal confusion and liability issues for landowners, doesn’t protect people from being verbal abuse within the premises, is not good in protecting people against potential hazards, and does not protect visitors from criminal activities while within the occupier’s premises. In this case, occupiers do not focus on ensuring optimal safety for visitors and trespassers within the premises. In most cases, they escape liability in case visitors and trespassers are harmed within their premises. Hence, OLAs of 1957 and 1984 do not offer full protection to the visitors and trespassers. 

 

 

 

Bibliography List

Bellaby RW, “Extraordinary Rendition: Expanding the Circle of Blame in International Politics” (2017) 22 The International Journal of Human Rights 574 

Berenblum T, Weulen Kranenbarg M and Maimon D, “Out of Control Online? A Combined Examination of Peer-Offending and Perceived Formal and Informal Social Control in Relation to System-Trespassing” (2019) 42 Journal of Crime and Justice 616 

Bingham K, “Trespassing in (UN)Familiar Territory: Knowing ‘the Other’ in Ethnographic Research” (2018) 1 International Journal of the Sociology of Leisure 121 

Blain H and others, “August 2020 Interim Eugms Guidance to Prepare European Long-Term Care Facilities for Covid-19” (2020) 11 European Geriatric Medicine 899 

Caliendo C and others, “Modelling and Numerical Simulation of Pedestrian Flow Evacuation from a Multi-Storey Historical Building in the Event of Fire Applying Safety Engineering Tools” (2020) 41 Journal of Cultural Heritage 188 

Davis J, Casteel C, and Menéndez CC, “Impact of a Crime Prevention Ordinance for Small Retail Establishments” (2021) 64 American Journal of Industrial Medicine 488 

Dembour M-B, Turner J, and Barrow C, “When Are Occupiers in Breach of Their Duty of Care? the Advantages of a Systematic Test” (2019) 40 Legal Studies 95 

Gstaettner AM, Rodger K, and Lee D, “Managing the Safety of Nature? Park Visitor Perceptions on Risk and Risk Management” [2021] Journal of Ecotourism 1 

Huffman TP and others, “Climbing the ‘Scaffolded City’: Tactics Used by Homeless Young Adults to Navigate Employment Barriers” (2021) 49 Journal of Applied Communication Research 148 

Johnson TN, “‘The Most Bombed Nation on Earth’: Western Shoshone Resistance to the Nevada National Security Site” (2018) 26 Atlantic Journal of Communication 224 

Kusiak J, “Trespassing on the Law: Critical Legal Engineering as a Strategy for Action Research” (2021) 53 Area 603 

Laws W, “Essential Tort Law for SQE1” 

Martinez-Molina A and others, “Assessing Visitors’ Thermal Comfort in Historic Museum Buildings: Results from a Post-Occupancy Evaluation on a Case Study” (2018) 132 Building and Environment 291 

Murphy J, “Contemporary Tort Theory and Tort Law’s Evolution” (2019) 32 Canadian Journal of Law & Jurisprudence 413 

Oswald Beiler MR, Miller G, and Varley D, “Railway Trespass Prevention: Spatial Analysis of Incidents to Connect to Countermeasures” (2019) 145 Journal of Transportation Engineering, Part A: Systems 04018086 

Pawgasame W and Wipusitwarakun K, “Mobile Sensors’ Patrol Path Planning in Unobservable Border Region” (2020) 13 International Journal of Intelligent Computing and Cybernetics 311 

Pucci P and Vecchio G, “Trespassing for Mobilities. Operational Directions for Addressing Mobile Lives” (2019) 81 Journal of Transport Geography 102536 

Srivastava N, Srivastava A, and Srivastava DK, “A Million Winslows: Private Liability of Universities for Ragging in India” (2019) 19 Oxford University Commonwealth Law Journal 227

Stuart RL and others, “ASID/ACIPC Position Statement – Infection Control for Patients with Clostridium Difficile Infection in Healthcare Facilities” (2019) 24 Infection, Disease & Health 32 

Thomas DR, Liability Regimes in Contemporary Maritime Law  (1st ed, Informa Law from Routledge 2020) 

Woods L, “The Duty of Care in the Online Harms White Paper” (2019) 11 Journal of Media Law 6 

Zhang M and others, “A Comparative Study of Rail-Pedestrian Trespassing Crash Injury Severity between Highway-Rail Grade Crossings and Non-Crossings” (2018) 117 Accident Analysis & Prevention 427 

Zhang Z, Trivedi C, and Liu X, “Automated Detection of Grade-Crossing-Trespassing near Misses Based on Computer Vision Analysis of Surveillance Video Data” (2018) 110 Safety Science 276 

Zhu Y-Q and Kanjanamekanant K, “No Trespassing: Exploring Privacy Boundaries in Personalized Advertisement and Its Effects on Ad Attitude and Purchase Intentions on Social Media” (2021) 58 Information & Management 103314 

 

 

                      

 

[1] Stuart RL and others, “ASID/ACIPC Position Statement – Infection Control for Patients with Clostridium Difficile Infection in Healthcare Facilities” (2019) 24 Infection, Disease & Health 32 

[2] Zhang M and others, “A Comparative Study of Rail-Pedestrian Trespassing Crash Injury Severity between Highway-Rail Grade Crossings and Non-Crossings” (2018) 117 Accident Analysis & Prevention 427 

[3] Davis J, Casteel C, and Menéndez CC, “Impact of a Crime Prevention Ordinance for Small Retail Establishments” (2021) 64 American Journal of Industrial Medicine 488 

[4] Woods L, “The Duty of Care in the Online Harms White Paper” (2019) 11 Journal of Media Law 6 

[5] Murphy J, “Contemporary Tort Theory and Tort Law’s Evolution” (2019) 32 Canadian Journal of Law & Jurisprudence 413 

[6] Thomas DR, Liability Regimes in Contemporary Maritime Law  (1st ed, Informa Law from Routledge 2020) 

[7] Dembour M-B, Turner J, and Barrow C, “When Are Occupiers in Breach of Their Duty of Care? the Advantages of a Systematic Test” (2019) 40 Legal Studies 95 

[8] Bingham K, “Trespassing in (UN)Familiar Territory: Knowing ‘the Other’ in Ethnographic Research” (2018) 1 International Journal of the Sociology of Leisure 121 

[9] Zhang Z, Trivedi C, and Liu X, “Automated Detection of Grade-Crossing-Trespassing near Misses Based on Computer Vision Analysis of Surveillance Video Data” (2018) 110 Safety Science 276 

[10] Zhu Y-Q and Kanjanamekanant K, “No Trespassing: Exploring Privacy Boundaries in Personalized Advertisement and Its Effects on Ad Attitude and Purchase Intentions on Social Media” (2021) 58 Information & Management 103314 

[11] Davis J, Casteel C, and Menéndez CC, “Impact of a Crime Prevention Ordinance for Small Retail Establishments” (2021) 64 American Journal of Industrial Medicine 488 

[12] Woods L, “The Duty of Care in the Online Harms White Paper” (2019) 11 Journal of Media Law 6 

[13] Bellaby RW, “Extraordinary Rendition: Expanding the Circle of Blame in International Politics” (2017) 22 The International Journal of Human Rights 574 

[14] Thomas DR, Liability Regimes in Contemporary Maritime Law  (1st ed, Informa Law from Routledge 2020) 

[15] Laws W, “Essential Tort Law for SQE1” 

[16] Murphy J, “Contemporary Tort Theory and Tort Law’s Evolution” (2019) 32 Canadian Journal of Law & Jurisprudence 413 

[17] Caliendo C and others, “Modelling and Numerical Simulation of Pedestrian Flow Evacuation from a Multi-Storey Historical Building in the Event of Fire Applying Safety Engineering Tools” (2020) 41 Journal of Cultural Heritage 188 

[18] Huffman TP and others, “Climbing the ‘Scaffolded City’: Tactics Used by Homeless Young Adults to Navigate Employment Barriers” (2021) 49 Journal of Applied Communication Research 148 

[19] Bellaby RW, “Extraordinary Rendition: Expanding the Circle of Blame in International Politics” (2017) 22 The International Journal of Human Rights 574 

[20] Dembour M-B, Turner J, and Barrow C, “When Are Occupiers in Breach of Their Duty of Care? the Advantages of a Systematic Test” (2019) 40 Legal Studies 95 

[21] Berenblum T, Weulen Kranenbarg M and Maimon D, “Out of Control Online? A Combined Examination of Peer-Offending and Perceived Formal and Informal Social Control concerning System-Trespassing” (2019) 42 Journal of Crime and Justice 616 

[22] Davis J, Casteel C, and Menéndez CC, “Impact of a Crime Prevention Ordinance for Small Retail Establishments” (2021) 64 American Journal of Industrial Medicine 488 

[23] Srivastava N, Srivastava A, and Srivastava DK, “A Million Winslows: Private Liability of Universities for Ragging in India” (2019) 19 Oxford University Commonwealth Law Journal 227 

[24] Pawgasame W and Wipusitwarakun K, “Mobile Sensors’ Patrol Path Planning in Unobservable Border Region” (2020) 13 International Journal of Intelligent Computing and Cybernetics 311 

[25] Kusiak J, “Trespassing on the Law: Critical Legal Engineering as a Strategy for Action Research” (2021) 53 Area 603 

[26] Berenblum T, Weulen Kranenbarg M and Maimon D, “Out of Control Online? A Combined Examination of Peer-Offending and Perceived Formal and Informal Social Control concerning System-Trespassing” (2019) 42 Journal of Crime and Justice 616 

[27] Woods L, “The Duty of Care in the Online Harms White Paper” (2019) 11 Journal of Media Law 6 

[28] Thomas DR, Liability Regimes in Contemporary Maritime Law  (1st ed, Informa Law from Routledge 2020) 

[29] Huffman TP and others, “Climbing the ‘Scaffolded City’: Tactics Used by Homeless Young Adults to Navigate Employment Barriers” (2021) 49 Journal of Applied Communication Research 148 

[30] Pucci P and Vecchio G, “Trespassing for Mobilities. Operational Directions for Addressing Mobile Lives” (2019) 81 Journal of Transport Geography 102536 

[31] Johnson TN, “‘The Most Bombed Nation on Earth’: Western Shoshone Resistance to the Nevada National Security Site” (2018) 26 Atlantic Journal of Communication 224 

[32] Caliendo C and others, “Modelling and Numerical Simulation of Pedestrian Flow Evacuation from a Multi-Storey Historical Building in the Event of Fire Applying Safety Engineering Tools” (2020) 41 Journal of Cultural Heritage 188 

[33] Murphy J, “Contemporary Tort Theory and Tort Law’s Evolution” (2019) 32 Canadian Journal of Law & Jurisprudence 413 

[34] Dembour M-B, Turner J, and Barrow C, “When Are Occupiers in Breach of Their Duty of Care? the Advantages of a Systematic Test” (2019) 40 Legal Studies 95 

[35] Kusiak J, “Trespassing on the Law: Critical Legal Engineering as a Strategy for Action Research” (2021) 53 Area 603 

[36] Martinez-Molina A and others, “Assessing Visitors’ Thermal Comfort in Historic Museum Buildings: Results from a Post-Occupancy Evaluation on a Case Study” (2018) 132 Building and Environment 291 

[37] Gstaettner AM, Rodger K, and Lee D, “Managing the Safety of Nature? Park Visitor Perceptions on Risk and Risk Management” [2021] Journal of Ecotourism 1 

[38] Laws W, “Essential Tort Law for SQE1” 

[39] Berenblum T, Weulen Kranenbarg M and Maimon D, “Out of Control Online? A Combined Examination of Peer-Offending and Perceived Formal and Informal Social Control concerning System-Trespassing” (2019) 42 Journal of Crime and Justice 616 

[40] Blain H and others, “August 2020 Interim Eugms Guidance to Prepare European Long-Term Care Facilities for Covid-19” (2020) 11 European Geriatric Medicine 899 

[41] Pucci P and Vecchio G, “Trespassing for Mobilities. Operational Directions for Addressing Mobile Lives” (2019) 81 Journal of Transport Geography 102536 

[42] Woods L, “The Duty of Care in the Online Harms White Paper” (2019) 11 Journal of Media Law 6 

[43] Laws W, “Essential Tort Law for SQE1” 

[44] Oswald Beiler MR, Miller G, and Varley D, “Railway Trespass Prevention: Spatial Analysis of Incidents to Connect to Countermeasures” (2019) 145 Journal of Transportation Engineering, Part A: Systems 04018086 

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