occupiers liability Flashcards
two occupiers liability acts
1957 and 1984
who does the 1957 OLA apply to
visitors
who is a visitor 1957
those with express or implied permission to enter premises. Not those with a right of way
what is a premises 1957
any fixed or moveable structure
do you need an interest in land 1957
no
what is the duty on occupiers in 1957 act
occupiers owe a duty to see that visitors will be reasonably safe in using premises for invited purpose
what if the property is not safe 1957
it is the visitor that must be safe not the whole property
are damage to property, personal injury and death all covered by 1957 act
yes
does the 1957 act apply to children in the same way as adults
expect children to be less careful than adults but expect parents to be responsible. no liability if danger is obvious to adults and reasonable to expect that children by supervised
does the 1957 act apply to skilled visitors in the same way as other visitors
can expect them to guard against any special risks
can warnings allow D to avoid occupiers liability
only if warning is enough to enable C to stay safe
is there a general duty to warn about obvious risks
no
can D modify, restrict or exclude occupiers liability of 1957
UCTA - reasonable
CRA - fairness - applies if visitor entered for consumer transaction
not for personal injury or death
who does the 1984 OLA apply to
persons other than visitors e.g. trespassers and rights of way
are personal injury, death and property damage all covered by 1984 act
no only personal injury and death. Property damage not covered
can C’s actions be taken into account when considering occupier’s liability
no - damage must be caused by state of premises not occupier’s actions
when does an occupier owe a duty of care to someone other than a visitor under 1984 act
D is aware of danger or has reasonable grounds to know it exists.
knows or has reasonable grounds to believe trespassers or might come into vicinity of danger
risk is one which D may reasonably be expect to give C some protection
what is the duty of care of an occupier against someone other than a visitor in 1984 act
duty to take such care as is reasonable in the circumstances to see that C doesn’t suffer injury on the premises by reason of the danger concerned.
What must be shown to fall within 1957 act
Suffered loss due to state of premises
ID occupier
They are visitor
D failed to take reasonable care for safety of V
Who is an occupier
Sufficient degree of control over property
Can there be more than one occupant
Yes
Who is a visitor
Express or implied permission to be on land incl under contract or to exercise any right conferred by law
If they exceed permission they become trespassers
What is premises
Open land and fixed or moveable structures
What is the standard of care under 1957 act
Reasonable occupier
What is the occupiers duty under 1957 act
Take reasonable care for Vs safety for purpose for which they are permitted to be there
Safety of v not of premises
Is that standard of care different for children visitors
Yes children need higher degree of care but met this if it is safe for child with adult where it can be expected that they will be accompanied
Is the standard of care different for skilled visitors
Yes can expect them to guard against special risks
Is a warning given by occupier sufficient to meet their duty to a visitor
Yes if the warning enables Vs reasonable safety
Is an occupier liable where injury results for the work of an independent contractor
Not if occupier acted reasonably in
Entrusting contractor
And
Took steps to check contractor was competent
And
Took reasonable steps to check work was done properly
Only applies to construction, maintenance and repair works
Who does the 1984 act apply to
People without express or implied permission even if they don’t know they are trespassers
What is the duty under the 1984 act
Duty to take such care as is reasonable in all the circumstances to see that T does not suffer injury on the premises by reason of danger
What is the standard of care under 1984 act
Reasonable occupier
What type of loss can be recovered under 1984 act
Death
Personal injury
Not property damage
Can warning discharge duty under 1984 act
Yes
But may not be enough for children
Also applies to discouragement eg barriers
Defences under 1984 act
Consent
Contributory negligence
Illegality (T entered to commit a crime)
Relevance of the way T acts
Liability to is about state of premises not way T acts so if pool is safe but not for diving and sign makes this clear but T dives anyway then no liability for O
Requirements to owe a duty under 1984 act
O must;
Be aware of danger or have reasonable grounds to believe it exists
Know or have reasonable grounds to believe T is in vicinity of damaged or may become so
And.
Be reasonably expected to offer T some protection against risk
What does reasonable grounds to believe me under 1984 act
Actual knowledge of facts that leads them to be aware of damages or presence of T
Can liability be excluded under 1957 act
Yes
Take steps to bring it to Vs attention
UCTA applies to business Os but not private Os
CRA applies to consumer - trader relationships but not to private Os
Defences under 1954 act
Consent
Eg all visitors enter at their own risk
Consent rules must be met: know risk and show by conduct they accept it
