Occupier's Liability Flashcards
What does the Occupiers’ Liability Act 1957 cover?
covers lawful visitors
What does the Occupiers’ Liability Act 1984 cover?
The duty of care owed to trespassers under limited circumstances. Duty of care is much lower. Balance between protecting people from harm and respecting property rights. About taking reasonable steps to prevent harm
What are the key differences in the duties owed by an occupier to lawful visitors under the Occupiers’ Liability Act 1957 and to trespassers under the Occupiers’ Liability Act 1984?
Under the OLA 1957, an occupier owes a common duty of care to lawful visitors to ensure they are reasonably safe, while under the OLA 1984, the duty owed to trespassers is narrower, requiring the occupier to take reasonable steps to protect them from dangers of which the occupier is aware.
Occupiers are expected to take extra care for?
Children
Definition of premises
Not just land, structures, inflatables, planes - occupiers liability applies to so many situations that we encounter everyday
What must occupiers do under OLA 1984?
Warn trespassers of known dangers if they should reasonably expect their presence. If they put up a sign this is enough to mitigate the harm / damage
With trespassers, occupiers are not liable in negligence for any damage to
personal property - only liable for their injury
Are defences available in occupier’s liability?
Yes
2.3.2.5
Taking steps to employ a independent contractor and taking lots of extra safety steps will likely absolve the owner from occupiers’ liability
Skilled visitors and occupiers liability
The OLA 1957 refers to the special risks that a person may encounter in the exercise of their
calling (s 2(3)(b)) and assumes that a skilled visitor will take appropriate action to deal with
those risks.
court will consider their skill when determining the occupiers liability
Merely warning a visitor about a danger may not absolve the occupier from liability
OLA 1957
s 2(4)(a)
scope with a trespasser is more limited
