Chapter 10 - Occupiers Liability Flashcards
What type of liability does occupier’s liability involve?
Occupier’s liability is a strict liability regime, meaning it is primarily governed by statute, but also includes elements of negligence.
What is the key distinction between occupier’s liability for visitors and trespassers?
Occupier’s liability for visitors applies when the visitor is on the premises with express or implied permission, while for trespassers, the liability is more limited and applies only under specific conditions.
What is required for a claim under occupier’s liability for visitors?
The claimant must be injured due to the state of the premises (e.g., a defect in the land or building), and the defendant is the occupier who has control of the premises.
Who can be a defendant in an occupier’s liability case?
The defendant is the occupier or occupiers of the premises, who have control over the property, such as owners or those responsible for its maintenance.
Who qualifies as a visitor under occupier’s liability?
Visitors are individuals who have express or implied permission to be on the premises, such as invited guests or the general public in certain cases (e.g., shops, parks).
What duty is owed to visitors under occupier’s liability?
The occupier owes visitors a common duty of care, which requires them to ensure visitors are reasonably safe while using the premises for their intended purposes.
What factors are considered when determining breach of duty for visitors?
The breach is assessed based on reasonable care, considering risks, precautions, and the type of visitor (e.g., children or skilled workers). The occupier must also ensure warnings are adequate.
How does the duty of care differ for children visiting the premises?
The standard of care required increases for child visitors, with a particular focus on the potential for allurements (e.g., children being attracted to dangerous areas) and the assumption that parents will supervise young children.
How does the duty of care differ for skilled visitors?
For skilled visitors, such as electricians, the occupier’s duty is lower, as the visitor is assumed to have knowledge of potential risks related to their specific skills.
What can discharge the occupier’s duty of care?
The occupier’s duty of care can be discharged through adequate warnings (if specific, clear, and effective) or by employing independent contractors who perform tasks on the premises.
What is the role of causation and defences in occupier’s liability for visitors?
Causation follows the ‘but for’ test, and defences like consent or contributory negligence may apply, similar to negligence cases.
What are the conditions for occupier’s liability for trespassers?
For trespassers, there is no general duty of care unless:
1. The occupier knows (or should know) about a danger.
2. They know trespassers might be in the area.
3. The occupier should take steps to protect them from harm.
How does the scope of the duty differ for trespassers compared to visitors?
For trespassers, the duty applies only to personal injury and death, not property damage. For visitors, the duty covers both personal injury and property damage.
What are some specific factors that influence breach of duty for trespassers?
Factors for trespassers include warnings, the age of the trespasser (with a higher duty for children), and whether the danger is hidden or obvious.
How does the law treat trespassing children?
The same considerations for child visitors apply to child trespassers, meaning a higher standard of care is expected for children, including concerns about allurements and parental responsibility.
