Occuier Avoid Liability Towards Visitors

Question 1

How can an occupier avoid liability to visitors?

Answer 1

• Contributory negligence
• Consent
• Warning
• Exclusion clauses

Question 2

What is contributory negligence?

Answer 2

Under LAW REFORM CONTRIBUTORY ACT 1945 the amount of damages awarded against D can be reduced.

Question 3

What is consent?

Answer 3

The complete defence of consent. Under S.2 (5) of the OLA 1957, the occupier has no liability to a visitor in respects of risks freely accepted by the visitor.

Question 4

Under which section of the OLA 1957 is a warning ineffective unless in all the circumstances it was enough to enable the visitor to be reasonably safe?

Answer 4

S.2 (4)

Question 5

If the premises are very dangerous what is the occupier required to do?

Answer 5

May be required to erect barriers or give additional warnings to keep visitors reasonably safe: RAE v MARS.

Question 6

What happened in RAE v MARS?

Answer 6

C was a surveyor, was injured falling down a three foot drop on entering an unlit storeroom at D’s factory.
Court held that the unusual nature of the hazard meant that a specific warning of the immediacy of the danger should have been given.

Question 7

What are exclusion clauses?

Answer 7

Under s.2 (1) of the OLA act 1957 and occupier can restrict, modify or exclude his duty to any visitor by agreement or otherwise.

Question 8

How can the occupier modify or exclude duty of care owed to visitors?

Answer 8

• in an express term in a contract if visitors enter by virtue of a contract
• for other visitors using clear notice displayed at point of entry or included in a ticket provided access to the premises

Question 9

What does the S.65 of the CONSUMER RIGHTS ACT 2015 state?

Answer 9

In relation to a consumer, trader cannot exclude or limit liability for death or personal injury resulting from negligence. Any clause or notice trying to do this is invalid