occupiers liability Flashcards
what are the two acts?
Occupiers’ Liability Act 1957 - lawful visitors
Occupiers’ Liability Act 1984 - non-visitors
what is occupier’s liability?
a statutory regime to deal with risks and harm emanating from dangerous places. the occupier of these spaces has a duty to ensure that they are safe for others
what are the key issues in OLA? - 1957
- when is a duty owed
- what is the standard of care and when is it breached
- by what means can a duty be discharged
- are there any defences available?
what are the three elements for when a duty is owed?
occupier = a person in occupation or control of the premises
lawful visitor - occupiers only owe a duty to those they have invited or have given permission to enter or use the premises
premises - any fixed or moveable structure, including any vessel, vehicle or aircraft
what is the standard of care?
the common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe, in using the premises for the purposes for which he is invited or permitted by the occupier to be there
how is a breach determined?
did the occupier exercise reasonable care towards visitors on their premises
how can a defendant discharge the duty?
warnings - must enable the visitor to be reasonably safe
notices excluding liability
independent contractors
what does OLA 1984 say?
occupiers owe a duty to take reasonable care in all the circumstances so that persons other than visitors do not suffer injury as a result of danger due to the state of the premises or to things done or omitted to be done on them
how is a duty of care established for non-visitors?
- D is aware of danger/ has reasonable grounds to believe some dangers exist on the premises and that others are in the vicinity of the danger or may come into the vicinity
the risk is one which D may reasonably be expected to protect C against
in the 1984 act what is a duty established in relation to?
only personal injury not property damage
