Occupier's Liability

Question 1

What must a claimant establish to prove occupier’s liability under the 1957 Act?

Answer 1

The claimant must show they suffered loss due to the premises’ condition, identify the occupier, prove they are a visitor, and that the occupier failed to take reasonable care

Question 2

How is an ‘occupier’ defined in Wheat v E Lacon & Co Ltd (1966)?

Answer 2

An occupier is someone with a sufficient degree of control over premises

Question 3

Can a landlord be considered an occupier?

Answer 3

Yes, if the landlord retains control over common areas, such as staircases in a block of flats

Question 4

Under the 1957 Act, who is considered a ‘visitor’?

Answer 4

A visitor is someone with express or implied permission to be on the occupier’s land

Question 5

How can a visitor become a trespasser?

Answer 5

By exceeding the scope of their permission to be on the premises

Question 6

How broadly is ‘premises’ defined under s 1(3)(a) of the 1957 Act?

Answer 6

It includes open land, fixed or moveable structures, vessels, vehicles, or aircraft

Question 7

What is the ‘common duty of care’ under the 1957 Act?

Answer 7

To take reasonable care that visitors are safe while on the premises for permitted purposes

Question 8

How is the duty to child visitors different under s 2(3) of the 1957 Act?

Answer 8

Occupiers must take a higher degree of care for children, who may not recognize dangers as adults do

Question 10

What is an ‘allurement’ in occupiers’ liability for children?

Answer 10

A feature that attracts children and poses a danger, requiring occupiers to take extra precautions

Question 11

What does Phipps v Rochester Corporation (1955) illustrate about parental responsibility?

Answer 11

Occupiers may expect young children to be accompanied by responsible guardians

Question 12

How does s 2(3) of the 1957 Act modify the duty owed to skilled visitors?

Answer 12

Occupiers can expect skilled visitors to guard against risks inherent to their job

Question 13

What makes a warning ‘adequate’ for an occupier to avoid liability?

Answer 13

The warning must specify the danger sufficiently to make the visitor reasonably safe

Question 14

Can an occupier delegate their duty of care to an independent contractor?

Answer 14

Yes, if they act reasonably in selecting and checking the contractor’s competence and work quality

Question 15

What is the significance of Haseldine v Daw & Son Ltd (1941) in delegating work to contractors?

Answer 15

Occupiers may delegate work that is too technical for them to check, such as lift maintenance

Question 16

Who is considered a trespasser under the Occupiers’ Liability Act 1984?

Answer 16

Someone on the premises without the occupier’s permission, such as an unintentional stray or deliberate intruder

Question 17

What are the three conditions under s 1(3) of the 1984 Act for duty to trespassers?

Answer 17

The occupier must know of the danger, know trespassers may encounter it, and reasonably offer some protection

Question 18

How did Tomlinson v Congleton Borough Council (2003) clarify the scope of the 1984 Act?

Answer 18

The Act only covers injuries from the state of premises, not those caused by the trespasser’s actions

Question 19

Does the 1984 Act cover property damage for trespassers?

Answer 19

No, it only applies to personal injury or death

Question 20

What standard of care does s 1(4) of the 1984 Act impose on occupiers regarding trespassers?

Answer 20

To take reasonable care to prevent injury to trespassers based on all circumstances

Question 21

When can an occupier rely on a warning to fulfil their duty under the 1984 Act?

Answer 21

When the warning is sufficient to make the trespasser reasonably safe from the danger

Question 22

How might parental responsibility affect occupier liability for child trespassers?

Answer 22

Occupiers may expect parents to supervise very young children near hazards

Question 23

What does voluntary assumption of risk mean in the context of occupiers’ liability?

Answer 23

The visitor knowingly and willingly accepted the risk, absolving the occupier of responsibility

Question 24

Can occupiers exclude liability for visitors?

Answer 24

Yes, under s 2(1) of the 1957 Act, but restrictions apply under UCTA 1977 and CRA 2015 for consumer and business visitors

Question 25

How does the Unfair Contract Terms Act 1977 affect exclusion of liability?

Answer 25

It voids exclusions of liability for death or personal injury due to negligence for non-consumers

Question 26

In what cases might the defence of illegality apply under the 1984 Act?

Answer 26

If the trespasser was committing a serious crime at the time of injury

Question 27

What duty does an independent contractor have if they are not an occupier?

Answer 27

They owe a common law duty of care to prevent harm to people affected by their work