Occupier's Liability Flashcards
What must a claimant establish to prove occupier’s liability under the 1957 Act?
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
How is an ‘occupier’ defined in Wheat v E Lacon & Co Ltd (1966)?
An occupier is someone with a sufficient degree of control over premises
Can a landlord be considered an occupier?
Yes, if the landlord retains control over common areas, such as staircases in a block of flats
Under the 1957 Act, who is considered a ‘visitor’?
A visitor is someone with express or implied permission to be on the occupier’s land
How can a visitor become a trespasser?
By exceeding the scope of their permission to be on the premises
How broadly is ‘premises’ defined under s 1(3)(a) of the 1957 Act?
It includes open land, fixed or moveable structures, vessels, vehicles, or aircraft
What is the ‘common duty of care’ under the 1957 Act?
To take reasonable care that visitors are safe while on the premises for permitted purposes
How is the duty to child visitors different under s 2(3) of the 1957 Act?
Occupiers must take a higher degree of care for children, who may not recognize dangers as adults do
What is an ‘allurement’ in occupiers’ liability for children?
A feature that attracts children and poses a danger, requiring occupiers to take extra precautions
What does Phipps v Rochester Corporation (1955) illustrate about parental responsibility?
Occupiers may expect young children to be accompanied by responsible guardians
How does s 2(3) of the 1957 Act modify the duty owed to skilled visitors?
Occupiers can expect skilled visitors to guard against risks inherent to their job
What makes a warning ‘adequate’ for an occupier to avoid liability?
The warning must specify the danger sufficiently to make the visitor reasonably safe
Can an occupier delegate their duty of care to an independent contractor?
Yes, if they act reasonably in selecting and checking the contractor’s competence and work quality
What is the significance of Haseldine v Daw & Son Ltd (1941) in delegating work to contractors?
Occupiers may delegate work that is too technical for them to check, such as lift maintenance
Who is considered a trespasser under the Occupiers’ Liability Act 1984?
Someone on the premises without the occupier’s permission, such as an unintentional stray or deliberate intruder
What are the three conditions under s 1(3) of the 1984 Act for duty to trespassers?
The occupier must know of the danger, know trespassers may encounter it, and reasonably offer some protection
How did Tomlinson v Congleton Borough Council (2003) clarify the scope of the 1984 Act?
The Act only covers injuries from the state of premises, not those caused by the trespasser’s actions
Does the 1984 Act cover property damage for trespassers?
No, it only applies to personal injury or death
What standard of care does s 1(4) of the 1984 Act impose on occupiers regarding trespassers?
To take reasonable care to prevent injury to trespassers based on all circumstances
When can an occupier rely on a warning to fulfil their duty under the 1984 Act?
When the warning is sufficient to make the trespasser reasonably safe from the danger
How might parental responsibility affect occupier liability for child trespassers?
Occupiers may expect parents to supervise very young children near hazards
What does voluntary assumption of risk mean in the context of occupiers’ liability?
The visitor knowingly and willingly accepted the risk, absolving the occupier of responsibility
Can occupiers exclude liability for visitors?
Yes, under s 2(1) of the 1957 Act, but restrictions apply under UCTA 1977 and CRA 2015 for consumer and business visitors
How does the Unfair Contract Terms Act 1977 affect exclusion of liability?
It voids exclusions of liability for death or personal injury due to negligence for non-consumers
In what cases might the defence of illegality apply under the 1984 Act?
If the trespasser was committing a serious crime at the time of injury
What duty does an independent contractor have if they are not an occupier?
They owe a common law duty of care to prevent harm to people affected by their work
