Occupier's Liability Flashcards
What is the duty owed to visitors under s.2(1) of OLA 1957?
Occupiers must take such steps as are reasonable in all the circumstances to ensure that visitors are reasonably safe in using the premises for the purpose for which they are invited or permitted to be there.
Who is an occupier?
A person with sufficient degree of control of the premises, i.e a landlord, owner, occupier or may be a contractor depending on the degree of control that they have.
Who is a visitor?
A person who has been invited or has permission to be on the premises. Permission may be express or implied. Express permission can be limited by space, time etc (i.e on premises but not allowed to go into certain rooms). Implied permission where the occupier knows and does not object.
What is a premises?
Widely construed. Land, buildings, vehicles, ladders.
What is reasonable care?
Depends on the circumstances.
- Personal: i.e consider blindness and other vulnerabilities
- Children: should be aware that children may find dangerous things more alluring, but entitled to assume that they will be accompanied by adult, so if it is safe for accompaniment by an adult then that is sufficient.
- Warning Signs: may install warning sign that makes the danger and how to avoid it clear. Might operate as an exclusion notice (though cannot exclude liability for death / PI).
- Independent Contractors: might avoid liability where they have an independent contractor; however, consider whether reasonable to (a) have contractor; (b) check their qualifications; (c) check or supervise their work - if work is very technical then will not be expected.
- Skilled workers: responsible for taking care in respect of risks that are incidental to their work (i.e chimney sweeps).
When can a visitor claim under OLA 1957?
Duty of occupier breached and this causes loss (death, PI or property damage) and there is no defence.
When does an occupier owe a duty to trespassers under OLA 1984?
An occupier of premises owes a duty to trespassers in respect of any risk of them suffering injury by reason of any danger due to the state of the premises or things done or not done on the premises if:
(a) Occupier knows of the danger or ought reasonably to be aware of it;
(b) Occupier knows that the trespasser is within the vicinity of the danger or may come into it; and
(c) the risk is one against which, in all the circumstances of the case, the occupier can reasonably be expected to offer some protection.
What loss is recoverable under OLA 1984 (trespassers)?
Personal injury only.
Who is a trespasser?
Someone who enters a premises without invitation or permission and whose presence is not known by the occupier or, if known, is practically objected to.
