Occupiers Liability

Question 1

What is an occupier

Answer 1

Anyone who is deemed to have ‘sufficient control of the premises’ (wheat v lacon)

Question 2

What are ‘premises’

Answer 2

Under s.1 (3)(a) of OLA 1957 ‘premises’ is defined as ‘any fixed or moveable structure, ie a shed or vehicle

Question 3

Does the occupier owe a duty of care to visitors

Answer 3

s.2 (1) OLA 1957 states that all lawful visitors are automatically owed a duty of care

Question 4

How does an occupier breach this duty

Answer 4

Section 2(2) OLA 1957 states that an occupier owe a ‘duty to take reasonable care to ensure that the visitor is reasonably safe for the purpose which he is invited to be on the premises’

Question 5

What are the different types of visitors and what duty are they owed

Answer 5

Adult- common doc (Cunningham v reading fc)
Child- higher doc (Glasgow corp v Taylor)
Very young children- lover doc if they should be supervised by parents (Phipps v Rochester corporation)