3): Occupiers' Liability Flashcards
What are the two key statutes governing occupiers’ liability?
Occupiers’ Liability Act 1957 – Covers visitors.
Occupiers’ Liability Act 1984 – Covers non-visitors (trespassers).
Who is an occupier under the Occupiers’ Liability Acts?
a person who controls the land or premises, even if they are not the owner.
More than one person can be an occupier.
What types of property does occupiers’ liability apply to?
Land, buildings, and other fixed or immovable structures, including vessels, vehicles, and aircraft.
Who qualifies as a visitor under the Occupiers’ Liability Act 1957?
A person with express or implied permission to be on the land.
Someone who enters under a contract or legal right.
NOT someone using the right to roam (Countryside and Rights of Way Act 2000).
What is the duty of care owed to visitors under the 1957 Act?
occupier must take reasonable care to ensure visitors are reasonably safe for the purpose they are permitted to be there.
What additional duty does an occupier owe to children?
Occupiers must account for the fact that children are less careful than adults.
However, if a child is very young, responsibility may lie with the parents.
What duty is owed to skilled visitors (e.g., professionals)?
occupier may expect a skilled visitor (e.g., an electrician) to appreciate and guard against special risks of their work.
How do warnings affect an occupier’s liability?
Warnings can discharge the duty of care if they are adequate.
The warning must be sufficient to enable the visitor to be reasonably safe (e.g., “Wet Floor” sign).
When will an occupier not be held liable for injury caused by an independent contractor?
if they had:
taken reasonable steps the satisfy themselves that the contractor was competent
AND
such steps that they reasonably ought to have taken to ensure the work was properly done
Who is considered a trespasser under the 1984 Act?
Anyone who enters without permission, where the occupier objects to their presence or is unaware of them.
What is the duty of care owed to trespassers?
The occupier must take reasonable care to prevent injury caused by the state of the premises or things done/omitted on them.
When does the duty of care apply to trespassers?
The occupier is aware of the danger or has reasonable grounds to believe it exists.
The occupier knows or reasonably believes that the trespasser may come near the danger.
The risk is one against which the occupier may reasonably be expected to offer protection.
How do warnings affect liability under the 1984 Act?
The occupier can discharge their duty by taking reasonable steps to warn trespassers.
The warning must be clear enough for the danger to be obvious.
For children, a simple warning may not be enough—additional precautions (e.g., barriers) may be required.
What three defences can an occupier use under the 1957 Act?
Contributory Negligence – If the visitor was partly at fault, their compensation is reduced.
Consent (Volenti non fit injuria) – If the visitor knew and accepted the specific risk, the occupier is not liable.
Use of Warnings – A warning will not absolve liability unless it was sufficient to keep the visitor reasonably safe.
Can an occupier rely on a sign (e.g., “Enter at your own risk”) as a defence?
Not necessarily – The visitor must fully understand and accept the specific risk they are taking.
What are the three defences under the Occupiers’ Liability Act 1984 (for trespassers)?
Contributory Negligence – If the trespasser contributed to their harm, damages are reduced.
Consent (Volenti non fit injuria) – The trespasser knowingly accepted the risk of injury.
Use of Warnings – A warning can be a defence if it is reasonably sufficient to alert the trespasser to danger.
Can an occupier exclude or restrict liability under the Occupiers’ Liability Act 1957?
Yes, but subject to certain conditions.
What are the two requirements for an occupier to exclude liability under the 1957 Act?
exclusion notice must be brought to the claimant’s attention before the tort was committed.
The wording of the notice must cover the type of loss suffered by the claimant.
How do business occupiers differ from private occupiers in excluding liability?
Business occupiers are restricted by:
Unfair Contract Terms Act 1977 – They cannot exclude liability for death or personal injury due to negligence.
Consumer Rights Act 2015 – If premises are used for consumer transactions, liability cannot be excluded for death or personal injury from negligence.
Are private occupiers subject to the Unfair Contract Terms Act 1977 or the Consumer Rights Act 2015?
No – They can exclude liability more freely.
Can liability be excluded under the Occupiers’ Liability Act 1984?
The 1984 Act is silent on whether liability can be excluded, meaning it is unclear whether an occupier can exclude duty to trespassers.
