Occupier's Liability Flashcards
What must a claimant under the 1957 do?
Establish that they have suffered loss due to the state of the premises;
Identify the occupier;
Prove that they are a visitor;
Establish that the occupier failed to take reasonable care for the visitor’s safety.
Who is an occupier?
Someone who has a sufficient degree of control over premises.
Does not have to be the owner of the premises.
There can be more than one occupier of the same premises.
An independent contractor, working on another person’s premises, could also constitute an ‘occupier’
Who is a ‘visitor’?
Under the 1957 Act, visitors
are those persons who have express or implied permission to be on the occupier’s land including persons who enter under the terms of a contract and persons who enter in order to exercise any right conferred by law.
A visitor who exceeds his express or implied permission becomes a trespasser and will potentially fall under the 1984 Act.
What is the definition of premises under the 1957 Act?
It includes open land as well as
fixed or moveable structures. It also specifically includes vessels, vehicles or aircraft.
What is the duty of care under the 1957 Act?
The duty is to take such care as is reasonable in all the circumstances to see that the visitor is reasonably safe in using the premises for the purpose for which they are permitted to be
there
What is the standard of care under the 1957 Act?
The reasonable occupier.
What are the factors the court will consider when assessing the standard of care expected of the ‘reasonable occupier’?
Nature of the danger;
Purpose of visit;
Seriousness of injury risked;
Magnitude of risk;
Cost and practicability of steps required to avoid the danger;
How long the danger had been on the premises;
Any warning of the danger;
Type of visitor.
What are the two types of visitors singled out for special treatment under the 1957 Act?
Child visitors are singled out as requiring a higher degree of care from the occupier than
other visitors. They cannot be expected to appreciate dangers which would be obvious to an
adult.
Visitors coming onto the
premises to exercise their skills. The effect of the 1957 Act is that in the case of skilled visitors,
an occupier can reasonably expect them to appreciate and guard against any risks which are
part and parcel of their job. This has the effect of lowering the standard of care expected of
the occupier in relation to such visitor
How does the danger of allurements for child visitors impact the standard of care under the 1957 Act?
Where the danger is an allurement, an occupier must therefore do even more to safeguard a child’s safety than where it is not. This has the effect of further increasing the standard of care.
