Chapter 42- Occupiers Liability

Question 1

Define an occupier

Answer 1

Those who have control over premises and have control over who is allowed to enter the premises.

Question 2

What is the name of the Act that describes Occupier’s liability

Answer 2

Occupiers Liability 1957 & 1984

Question 3

Liability will only be imposed on the defendant if the injury or damage is the result of:

Answer 3

• The condition of the land
• its dangerous conduct

Question 4

Define visitors

Answer 4

This is someone who has expressed or implied permission from the occupier to enter the premises

Question 5

Describe the law relating to visitors

Answer 5

Section 2
- If the duty is breached, the claimant can bring an action for personal injury and damage to property, but not for pure economic loss.
- An occupier cannot make their premises absolutely safe as it will be impractical but they do have a common duty of care by also providing warnings

Question 6

Describe the law relating to children

Answer 6

• Section 2(3)(a)
• The occupier has to consider whether the premises are safe for a child of a particular age and whether the child is accompanied. The provision of warnings should be present
• The degree of duty of care reduces for the occupier if the child is accompanied by someone supervising them

Question 7

Describe the law relating people carrying out a trade or calling

Answer 7

Section 2(3)(b)
- This refers to someone who the occupier has invited on the premises to carry out a job and who has been injured as a result.
- The occupier therefore has a duty of care and should set precautions however does not need to set special precautions so long as they allow the person to take their own precuations

Question 8

Describe the law relating to the liability for torts of independent contractors

Answer 8

Section 2(4)(b)
- An occupier will not be liable for damage caused by the faulty execution of work by an independent contractor as long as:
> It was reasonable to entrust the work to an independent contractor
> The occupier had taken reasonable care to see that the I.C was competent
> The occupier had taken reasonable care to see that the work was properly done
- The liability will only apply where there is evidence of faulty execution of construction or repair.
- If the occupier fails to check if the I.C has proper public liability insurance and risk assessment for their work then they will be found liable.

Question 9

What can an occupier not exclude liability for

Answer 9

• Death
• Personal injury

Question 10

Evaluate OLA for both visitors and children

Answer 10

• Encourage occupiers to maintain safe premises
• Can be difficult to define what qualifies as an allurement
• Can be unfair to constantly blame parents and in some cases, parents are not blamed, this creates inconsistency
• Prevents occupiers from being liable for every child-related accidents
• warnings encourage visitors to take personal responsibility
• Not all warnings are effective, they must adequately explain the risk
• Under s2(1) of OLA, occupiers can restrict liability through an exemption clause
• However these clauses cannot be used to avoid liability to death or personal injury