e4.3 - Occupiers Liability

Question 1

Occupiers Liability act 1957

Answer 1

Statutory duty providing civil remedy

Occupier has a duty to ensure that premises are reasonably safe for the purpose for which the visitor is allowed entry

Visitors -

Those who enter under a right conferred by law

Those pursuing a contract - unless the contract provides otherwise

Act does not offer protection for trespassers

Question 2

Occupiers Liability act 1957 - Duty of Care

Answer 2

Expects the occupier, in all reasonable circumstances, to ensure the health and safety of visitors when entering and using the premises for the reasons they were invited or permitted to be there

Occupiers should expect children to be less careful than adults

Accepts that an occupier may expect a person, exercising their calling, to appreciate and guard against any risk ordinarily incident to the work

Says that a warning to visitors is sufficient if it enables the visitor to be reasonably safe

Does not impose on occupiers any obligations to visitors in respect of risk willingly accepted by the visitors

Question 3

Occupiers liability act 1984

Answer 3

Duty extended to persons other than lawful visitors (trespassers) under the concept of ‘common humanity’

Occupier has a duty to take care so far as is reasonable of trespassers if:

The occupier knows that trespassers are gaining access

The occupier is aware of the danger or has reasonable grounds to believe it exists

The risk is one against which the occupier may be reasonably expected to offer some protection