Occupier Liability Flashcards
What act protects lawful visitors?
Occupiers Liability Act 1957
Does not define an occupier (can be more than one)
Under Section 1(2) merely states that rules apply “in consequences of a person`s occupation or control of premises”
Wheat V E. Lacon & Co ltd
Which act defines premises?
Section 1(3) of Occupiers Liability 1957 defines premises as "fixed or moveable structure including any vessel, vehicle or aircraft Very vague
What is the standard of care of an occupier?
Same as negligence
That of a reasonable occupier
Esdale V Dover District Council
Does an occupier have to keep visitor completely safe?
Duty in the act only applies if visitor is carrying out activities that are authorised within terms of visit
The duty is to keep visitor reasonably safe, not to necessarily maintain safe premises as it would make industry unworkable
Laverton v Kipasha Takeaway shop
What does an invitee include under the 57 Act?
People who have been invited onto the land for a specific purpose eg. carry out a surveying of the property
A licensee are people who enter premises under the interests of the occupier eg. customers to a shop
Implied license may be lost if visitor acts unreasonable- Harvey v Plymouth City Council
What happens if a visitor exceeds the purpose of their visit?
Become trespassers to which no duty is owed under the 57 Act
What two categories does the 1957 OLA set out in terms of visitors?
Children S 2(3)(A)
The skilled visitor S 2(3)(B)
What does the 1957 Act say about children?
Occupier must be prepared for children to be less careful than adults
Premises must be reasonably safe for a child of the relevant age
Higher duty of care is owed
Moloney v Lambeth
Children are unlikely to appreciate the risks therefore occupiers should guard from harm- Glasgow Corporation v Taylor
Damage or injury suffered by child must be forseeable- Jolley v Sutton
Courts will sometimes take the view that very young children should be under the supervision of a parent or adult
What does the 1957 Act say about skilled visitors?
Skilled visitors should guard against their own special risk
Professional visitors should appreciate and guard against any special risks ordinarily incident to that trade
Occupier will not be liable where tradesmen fail to guard against risks they know about- Roles v Nathan
Tradesmen might still have an action against their employer if their employer has agreed to an unsafe system of work- General Cleaning Contractors v Christmas
How can an occupier extend, restrict or modify his duty?
Issuing effective warnings
Exclusion due to work carried out by independent contractors
Issuing exclusion clauses
How can warnings avoid duty?
Under S 2(4)(A) a warning is ineffective unless it was enough to enable visitor to be reasonably safe. The mere fact a warning was given is not enough
An adequate warning sign will enable occupier to escape liability. However, warning sign must be effective and clearly indicate dangers
eg. barriers- Rae v Mars
In some instances, if the risk is obvious no additional warning is needed and occupier won`t be liable- Darby v National Trust
How do independent contractors avoid duty?
Occupier should avoid liability when the cause of damage is negligence of an independent contractor hired by the occupier
A reputable contractor will be covered by his own insurance and so claimant can still recover damages however it must be:
1) Reasonable for the occupier to have entrusted the work to the independent contractor- Haseldine v Daw
2) Contractor hired must be competent enough to carry out the task- ferguson v welsh
Contractor must be able to demonstrate obvious expertise/ the fact the contractor fails to carry insurance should be indicator of incompetence- Bottomley v Todmorden Cricket Club
3) Occupier must check the work of the contractor if possible- Woodward v Mayor of Hastings
How do exclusion clauses avoid liability?
General rule with exclusion clauses stems from contract law
As long as the clause was brought to the attention of claimant prior to any loss, injury or damage
Ashdown v Samuel Williams
Use of an exclusion clause or sign will not be allowed in claims from children as they are to young to understand implications or even read it
What are the two general defences for the 1957 Act?
Contributory Negligence- defendant can argue contributory negligence therefore does not exclude their liability completely- damages based on level of contribution
Volenti Non Fit Injuria- claimant must volunteer to the risk with their own free will- Simms v Leigh Rugby Football Club
What does the Occupier Liability Act 1984 cover?
Provides duty of care for trespassers
Addie v Dumbreck/ British Railway v Herrington
