Occupiers Liability Flashcards
General definition
Legal responsibility of an occupier for damage caused by the state of the premises
Two statutes
Occupiers Liability Act 1957- lawful visitors
1984- unlawful visitors
Common element 1 (apply to both Acts)
Wheat v Lacon
Occupier is anyone with enough control over the premises
Common element 2- S1(3)(a)
1957 Act
Premises are land, and buildings, as well as a fixed or moveable structure, including any vessel, vehicle or aircraft
Element 3 (1957)- ‘lawful visitor’
Invitees- guests (family,friends)
Licensees- express or implied permission to be on premises for time/purpose (trades people, posting leaflets, milkman)
Contractual- paid/work (ticket for concert)
Statutory rights- (firefighter, police officer)
DOES NOT INCLUDE USING PUBLIC RIGHT OF WAY
Element 4 (1957) when duty owed S2(1)
An occupier of premises owed the same duty of common duty of care to all lawful visitors
Element 5 (1957) what is the duty
S(2)(2)
Debell
Take reasonable care to ensure they are reasonable safe
Elements to take into account if D has taken reasonable care
Size of risk (Miller v Jackson)
Seriousness of potential harm (Paris v SBC)
Practicability of precautions (Paris v SBC)
Benefit outweighs cost (Watt v HCC)
Different type of duty
S2(3)(a)
An occupier must be prepared for children to be less careful than adults and so the premises must be reasonable safe for a child of that age (Jolley v Sutton)
Phipps v Rochester Corporation
D is entitled to presume parents will not let young children go to clearly unsafe places unaccompanied
Different type of duty
S2(3)(b)
Tradesperson should appreciate and guard against any special risks ordinarily incident to it (Roles v Nathan)
Exclusion clauses (1957) S2(1)
Complete defence:
A residential occupier may exclude liability via a sign/ticket/term in a contract
Children must be able to understand sign
S65 Consumer Rights Act 2015 says a business cannot exclude liability with a sign for personal injury or death
Warning sign S2(4)(a) 1957
Warning ‘in all circumstances would enable the visitor to be reasonably safe’
Rae v Mars
Exclusion S2(4)(b) 1957
Occupier is not at fault for the work of an independent contractor if:
- reasonable for occupier to give work to an independent contractor
- D made sure the contractor hired is competent
- occupier must check work has been done properly
Exclusion independent contractors
1. Reasonable for occupier to give work to an independent contractor
Haseldine v Daw