Occupier's Liability

Question 1

Definition of Occupier stems from common law

Answer 1

s. 1(2) OLA 1957

Question 2

Test for occupier

Answer 2

Wheat v Lacon:

per Lord Denning - occupier has sufficient degree of control over the particular matrix of fact that effected claimant.

Question 3

Sub-contractor can be deemed as occupier

Answer 3

Ferguson v Welsh

Question 4

Joint-liability between multiple occupiers

Answer 4

Alexander v Freshwater Properties Ltd

Question 5

Definition for visitor stems from common law

Answer 5

s. 1(2) OLA 1957

Question 6

User of public right of way does not get to claim occupier’s liability

Answer 6

McGeown v Northern Ireland Housing Executive

Question 7

Visitor can become non-visitor through exceeding permission or purposes for which they were invited

Answer 7

Tomlinson v Congleton BC

Question 8

Definition of premises as land, buildings, as well as fixed and moving structures

Answer 8

s. 1(3) OLA 1957

Question 9

D can cease to be occupier of property if there is contractual relationship between them an another occupier

Answer 9

Wheeler v Copas

ladder case

Question 10

Occupier has a duty to keep visitor reasonably safe for the purposes for which they are there (not to keep premises safe)

Answer 10

s. 1(1) OLA 1957

Question 11

Occupancy v activity

Answer 11

Fairchild v Glenhaven Funeral Services Ltd:
occupier not liable for C’s exposure to asbestos as that was a result not of state of premises but because employers got them to do activity that exposed C.

Question 12

Occupancy v activity

Answer 12

Portsmouth Youth Activities Committee v Poppleton:

Climbing wall with matt. Occupier not liable as C jumped and knew risks.

Question 13

Common duty of care

Answer 13

s. 2(2) OLA 1957:
duty to take all the reasonable circumstances of the case as is reasonable to see that the visitor will be reasonably safe in using premises for the purpose for which they have been invited.

Question 14

Children

Answer 14

s. 2(3)(a) OLA 1957:

Occupier must do more to discharge duty towards children than to adult of sound mind (age matters)

Question 15

Allurements to children

Answer 15

Glasgow Corp v Taylor:

poisonous shrub - known danger to adults appealing to children - take precautions to prevent harm.

Question 16

Young child under accompaniment

Answer 16

Phipps v Rochester Corporation
if child is really young, there could be an expectation that guardian would keep them away - warnings must be sufficient for an adult.

Question 17

Wooden boat is an allurement to children

Answer 17

Jolley v Sutton LBC

Question 18

Water fountain not an allurement

Answer 18

West Sussex CC v Pierce:

occupiers do not have duty to insulate children from all risk.

Question 19

Exercise of calling

Answer 19

s. 2(3)(b) OLA 1957

Question 20

Chimney Sweeps

Answer 20

Roles v Nathan:

occupier brings in professional and makes warnings

Question 21

Firefighter and chip pan fire

Answer 21

Salmon v Seafarer Restaurants:
Occupier does not do much to prevent injury and brought it about through their own negligence, which made the premises more dangerous

Question 22

Warnings can make a visitor reasonably safe

Answer 22

s. 2(4) OLA 1957

Question 23

Statutory enshrinement of volenti defence

Answer 23

s. 2(5) OLA 1957

Question 24

National Trust

Answer 24

Darby v National Trust:

Lack of warning signs at lake irrelevant, as danger was obvious

Question 25

Volenti defence not always applicable

Answer 25

Bunker v Charles Brand:

C accepted risk of walking over rollers, but liability of occupier for not putting in plank walkway.

Question 26

Exclusions of business/ trader liability

Answer 26

s. 65 CRA 2015

Question 27

No exclusion for recreational liability

Answer 27

s, 66 CRA 2016

Question 28

Liability can pass to a contractor if they have sufficient control

Answer 28

s. 2(4)(b) OLA 1957

Question 29

Asking for insurance is enough for duty to be discharged to contractor

Answer 29

Gwilliam v West Hertfordshire Hospitals NHS Trust

Question 30

If occupier engages with contractor reasonable, liability can shift to contractor

Answer 30

Maguire v Sefton:

occupier relied on contractor telling them gym machines were in good order

Question 31

Liability to non-visitors

Answer 31

OLA 1984

Question 32

Cause of OLA 1984

Answer 32

British Railways Board v Herrington:

children who didn’t know better often non-visitors

Question 33

Visitor becomes non-visitor if he exceeds permission and 2 assumptions

Answer 33

Tomlinson v Congleton per Lord Hoffman:

visitor assumed to have duty; non-visitor is no duty

Question 34

Limited notion of duty owed to tesspassers

Answer 34

s. 1(1)(a) OLA 1984

Question 35

Duty owed to Ramblers

Answer 35

Countryside and Rights of Way Act 2000

Question 36

No automatic duty owed to non-visitors as there is to visitors

Answer 36

Lord Hoffman in Tomlinson v Congleton BC

Question 37

3 limb test for whether duty is owed to non-visitors

Answer 37

s. 1(3) (a)-(c) OLA 1984

Discretion for judges

Question 38

Exclusion of duty to highway users

Answer 38

s. 1(7) OLA 1984

Question 39

Exclusion of liability to property damage of non-visitors

Answer 39

s. 1(8) OLA 1984

Question 40

Duty to take care as is reasonable that non-visitor does not suffer injury on the premises

Answer 40

s. 1(4) OLA 1984

Question 41

If danger is obvious, it is non-visitor’s fault

Answer 41

Donoghue v Folkestone Properties
and
Tomlinson v Congleton BC

Question 42

Child as non-visitor in the middle of spectrum

Answer 42

Keown v Coventry Healthcare NHS Trust:

11 year old knew climbing fire escape was dangerous.

Question 43

Assumption of risk by non-visitor

Answer 43

s. 1(6) OLA 1984

Question 44

Volenti defence in non-visitor case

Answer 44

Ratcliffe v McConnell

Question 45

Presumption that no exclusions to 1984 Act

Answer 45

As it is Parliamentary statute

Question 46

3 ways to discharge a duty as occupier

Answer 46

Remove the danger from premises.
Give suitable and reasonable warnings (different per visitor and purpose, or non-visitor (if child)).
Volenti defence