Occ Flashcards
(25 cards)
What is occupiers liability?
Occupiers liability refers to the legal responsibility of those who control premises to ensure the safety of visitors.
True or False: Occupiers are only liable for injuries to invitees.
False
What are the two main categories of visitors under occupiers liability?
Invitees and licensees.
Fill in the blank: An occupier must ensure that the premises are _____ for all lawful visitors.
reasonably safe
What is the standard of care required from an occupier towards a child visitor?
Higher standard of care due to the vulnerability of children.
True or False: Trespassers have no rights under occupiers liability.
False
What must an occupier do if they are aware of a danger on their premises?
They must take reasonable steps to ensure that visitors are warned or protected from the danger.
What is a key case that established the principles of occupiers liability?
Wheat v Lacon & Co Ltd (1966)
Fill in the blank: Occupiers liability is governed by _____ law.
tort
What is the primary legislation governing occupiers liability in the UK?
Occupiers’ Liability Act 1957 and Occupiers’ Liability Act 1984.
True or False: An occupier can limit their liability through warnings or disclaimers.
True
What type of visitors are considered ‘licensees’?
Visitors who have permission to be on the premises but are not there for business purposes.
What is the duty of care owed to a visitor in a commercial property?
To take reasonable care to ensure their safety.
Fill in the blank: In occupiers liability cases, the _____ of the premises is a key factor in determining liability.
condition
What is the potential consequence for an occupier failing to maintain safe premises?
They may be liable for damages resulting from injuries.
True or False: The presence of a warning sign always absolves an occupier from liability.
False
What type of liability applies to injuries sustained by trespassers?
Limited liability; occupiers must not act recklessly.
What does the term ‘reasonable foreseeability’ mean in the context of occupiers liability?
It refers to the ability to predict that a visitor may be harmed by a specific hazard.
What is the significance of the case ‘Pearson v Lightning’ in occupiers liability?
It highlighted the duty of care owed to children on premises.
Fill in the blank: An occupier’s liability can be influenced by the _____ of the visitor.
status
What is the difference between the 1957 and 1984 Occupiers’ Liability Acts?
The 1957 Act covers lawful visitors, while the 1984 Act extends limited duty of care to trespassers.
True or False: Occupiers are liable for all injuries occurring on their premises.
False
What factors might reduce an occupier’s liability in an injury claim?
Contributory negligence or the visitor’s own actions leading to the injury.
What is the role of insurance in occupiers liability cases?
Insurance can provide coverage for claims arising from injuries on the premises.