Occupier's liability

Question 1

When is occupeier liable for independent contractor? When not?

Answer 1

The occupier owes a duty of care in respect of the condition of the premises.

That duty may be discharged by employing an independent contractor to carry out work of construction, maintenance, or repair, provided that the occupier acted reasonably in entrusting the work to an independent contractor and took reasonable steps to satisfy himself that the contractor was competent and the work properly done

Question 2

When does a duty of care arise for trespassers

Answer 2

Occupiers’ Liability Act 1984

However, for a duty to arise, all of the following must be satisfied:

1. the occupier was aware of the danger (or ought to have been),
2. the occupier was aware that the trespasser might come into the vicinity of the danger (or ought to have been aware), and
3. the danger was one against which she might reasonably be expected to have offered the trespasser some protection.