Occupier's liability Act - 1957

Question 1

What is meant by an ‘occupier’?

Answer 1

• The person in control of the premises
• Can be more than one
• Does not need to live there

Question 2

What case confirms defintion of an occupier?

Answer 2

• Wheat v Lacon
• Occupier is a person with a sufficient degree of control over the premises
• This can be shared with others hence the landlord and brewery were both liable

Question 3

What is meant by a ‘premises’

Answer 3

• A fixed or movable structure including a vessel, vehicle and aircraft
• Danger must be due to the state of the premises

Question 4

What is the case to confirm ‘premises’

Answer 4

• Keown v Coventry NHS
• Hospital were not liable, the premises were safe and the boy caused the accident himself

Question 5

Who is classified as a lawful visitor?

Answer 5

• Adults
• Children
• Tradesman

Question 6

What is the rule concerning independent contractors?

Answer 6

• S2(4)(b) The blame can be passed to them if they did the work and are responsible for the defect

Question 7

What is the rule for adults?

Answer 7

• S2(2) – visitors must be kept reasonably safe for the purpose they were invited there
• Premises do not need to be completely risk free, however occupiers must protect against real source of danger

Question 8

What was the case that confirms adults?

Answer 8

• Rochester catheral v Debell
• Not liable - slips, trips and falls are everyday occurrences - premises must be reasonably safe, not completely safe

Question 9

What is the rule for children?

Answer 9

• S2 (3) (a) It must be reasonably safe for a child of that age
• Very young children are the responsibility of their parents
• Any forseeable ‘allurements’ mean D will be liable

Question 10

What was the case to confirm children?

Answer 10

• Taylor v Glasgow corp
• Liable - the berries were an allurement that Ds were aware of and offered no protection against it

Question 11

What is the rule for tradesmen?

Answer 11

S2(3) (b) - Owe a duty to tradesmen but they should also appreciate and guard against any special risks to their trade

Question 11

What was the case for tradesmen?

Answer 11

• Roles v Nathan
• Not liable - tradesmen have a duty to protect themselves against known risks to their trade

Question 12

The 3 part test for Indepdent contractors?

Answer 12

• S2(4)(b) if contractors work is faulty then can pass the blame
  1. D acted reasonably in entrusting the contractor
  2. D took reasonable steps to ensure the contractor was competent
  3. D took reasonable steps to inspect the work

Question 13

What was the case for indepdent contractors being liable?

Answer 13

• Alexander v freshwater properties
• The occupier and the IC were equally liable - the contractors work was faulty and the occupier was aware

Question 14

Defences - consent S2(5)

Answer 14

The common duty of care does not apply to a visitor who willingly accepted the risks

Question 14

Defences - Contributory negligence

Answer 14

Law Reform contributory negligence act 1945

Provides a partial defence (up to 100%) where C contributed to their own injuries

English Heritage v Taylor

Question 15

Defences - Warning notices

Answer 15

S2(4)(b) - warning notices can absolve liability where they are enough to enable the visitor to be reasonably safe

Question 16

Defences - exclusion clauses

Answer 16

S2(1) - Occupiers can extend, restrict, modify or exclude their duty to visitors by an exclusion clause

• Cannot exclude liability for death or PI - only property damage