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
