Ch 7: Occupiers Liability Flashcards
Which Statutes define Occupiers Liability?
Occupiers Liability Act 1957
Occupiers Liability Act 1984
What are the 4 components of an Occupier Liability Claim?
- Establish loss due to state of premises
- identify Occupier
- prove Visitor status
- establish Occupier failed to take reasonable care of
Who is an Occupier?
An Occupier is someone who has “sufficient control over premises” (Wheat v E Lacon 1966)
Who is a Visitor?
Visitors are those persons who have an express or implied permission to be on the occupiers land.
Includes people who enter under contract or to exercise a right (such as access).
Can there be more than one Occupier of a premises?
Yes
What is the definition of Premises?
Very broad - includes open land as well as structures. Specifically includes vessels, vehicles or aircraft.
What is the Common Duty of Care?
The duty is to take such care as is reasonable in all the circumstances to see that the visitor is reasonably safe in using the premises for the purpose they are permitted to be there.
Which two types of Visitor get special treatment under the 1957 Act?
Children require a higher degree of care
Visitors coming to exercise skills (e.g Tradesmen) have a lower standard of care - an occupier can reasonably expect them to guard against any risks that are part of their job.
Which factors might be taken into account when considering a breach of common duty of care?
- nature of the danger
- purpose of visit
- seriousness of injury
- magnitude of risk
- cost required to mitigate
- how long danger was present
- any warning
- type of visitor
What is an allurement?
A Temptation to children (e.g brightly colored berries).
An occupier must do more to safeguard children’s safety if a danger is an allurement.
Glasgow Corp vs Taylor (1922)
What is principle laid down in Phipps v Rochester Corp 1955?
Occupiers will have complied with their duty to a small child if they make their premises reasonably safe for a child who is accompanied by the guardian by whom the Occupier is entitled to expect the child to be accompanied
Can you escape. Breach of duty of care with a warning?
Yes - if it is “adequate”.
Was the warning given sufficient to enable the visitor to be reasonably safe.
E.g How specific was it?
Does an Occupier need to warn of EVERY danger?
No - some can be assumed to be obvious - e.g risk of drowning in a pond
What is the difference between a warning notice and an exclusion of liability notice?
A warning notice helps comply with a duty of care
An exclusion notice is a DEFENCE once a breach of duty of care is proven
What are the 3 conditions to fulfill Duty of Care in regards to the work of independent contractors?
The occupier must act reasonably in:
- entrusting work to an independent contractor
- taken such steps as reasonable to ensure the contractor was competent
- taken such steps as reasonable to ensure the work had been properly done
Haseldine v Daw (1941)
Woodward v Mayor of Hastings (1945)
What issues apply to Causation and Remoteness?
Same as Negligence
What defenses are available?
- Voluntary assumption of risk
- Exclusion of Liability
- Contributory Negligence
What are the requirements for an Exclusion of Liability?
- Reasonable steps must be taken to bring the notice to the claimants attention
- The wording must cover the loss suffered by the claimant
What extra limits must a business apply v a Private Occupier?
Unfair Contracts Terms Act 1977 and Consumer Rights Act 2015
Does an Occupier owe a duty to Trepassers?
Potentially yes
To whom is the Duty to Trepassers owed?
Any entrant who does not have permission to be there. It does not matter if they are unaware they are trespassing.
Can someone using a Public Right of Way be a Visitor or a Treapasser?
No. They are excluded from Owners Liability Act
What are the conditions under which an Owner owes a Duty to Trespassers?
An occupier must be:
- Aware of the danger or have reasonable grounds to believe it exists
- knows or has reasonable grounds to believe that a Trespasser is in vicinity of the danger or may come to be
- may reasonably be expected to offer some protection against the risk
What additional limitations does Thomson v Congleton Council (2003) impose on Trespasser Liabikity?
The duty is only concerned with the state of the premises - not acts or conduct while on the premises.
The duty is only owed in respect of an “Injury” - so not damage to a Trespasser’s property for example
