Occupiers Liability

Question 1

What act is occupiers liability under?

Answer 1

Occupiers liability act 1957

Question 2

Occupier

Answer 2

No statutory definition
-Test found in case law
-Bailey v Armes - To be an occupier, person must have sufficient control over events that occur on premises
-Wheat v E lacon & Co. Ltd - May be more than one occupier of premises

Question 3

Explain premises

Answer 3

-No full statutory definition of premises
-seen in S 1 (3)(a) of 1957 Act as a person having occupation or control of any fixed or moveable structure
-Other than buildings and land, premises can also be a ship in a dry dock, a vehicle, a lift, a ladder

Question 4

What is a Visitor

Answer 4

Lawful adult visitors include:
-Invitees
-licensees - lowery v walker
-contractual permission
-those given statutory right of entry
If a Lawful visitor exceeds permission they may become a trespasser- case ‘The Calgarth’

Question 5

Children ?

Answer 5

-Not defined in Act
-Age of child affects how standard of care to be taken by occupier will be assessed
-Occupier should guard against any kind of allurement or attraction which places child visitor in risk of harm - Glasgow Corporation v Taylor
-Courts are reluctant to find occupier liable for very young children as should be under supervision of parent or carer - Phipps v Rochester Corporation

Question 6

Workers ?

Answer 6

-Not defined in Act

-S 2 (3)(b) of 1957 Act, a tradesperson should appreciate and guard against any special risks ordinarily incident to it, so far as the occupier leaves him free to do so. Roles v Nathan

Question 7

Duty owed to an adult visitor

Answer 7

-An adult visitor is owed a common duty of care.
-S 2(2) occupier should “take care to see that the visitor will be reasonably safe in using the premises for the purpose they are invited for”
-Occupier does not have to make the visitor completely safe, only to do what is reasonable - Laverton v Kiapasha Takeaway Supreme

Question 8

Everyday occurrences ?

Answer 8

Tripping an slipping are everyday occurrences, occupier does not have to guarantee safety - Dean and Chapter of Rochester Cathedral v Debell

Question 9

Work of independent contractors ?

Answer 9

-Under S 2(4)(b) of 1957 Act
-Occupier can pass claim onto workmen if injury is caused by his negligent work
-Occupier should not be liable for unsafe work of a sub contractor - Ferguson v Welsh

Question 10

What must apply for an occupier to pass claim onto contractor for his negligent work ?

Answer 10

Three requirements apply
1. Must be reasonable for the occupier to have given the work to the independent contractor. Hazeldine v Daw & Son Ltd
2. Contractor who is Hired must be competent to carry out task. Occupier is expected to check this. Bottomless v Todmorden Cricket Club
3. Occupier must check the work has been done properly. IF it is complicated work, must hire a specialist to check. Woodward v Mayor of Hastings

Question 10

Exclusion clauses

Answer 10

-Under S 2(1) of 1957 Act occupier is able to restrict, modify or exclude his duty by agreement or otherwise
-Via an oral or written warning, occupier could limit or exclude their liability
-S 65 consumer rights Act 2013, A trader cannot use this for injury or death resulting from negligence

Question 11

Possible defences for occupier

Answer 11

-Volenti (consent)
-Contributory negligence
-Exclusion clauses
-Warning notices

Question 12

Warning notices

Answer 12

-If their is notice warning of a danger, can be a complete defence for occupier
-Under s 2(4)(a) 1957 Act, a warning is ineffective unless all the circumstances were enough to enable the visitor to be reasonably safe
-If premises are extremely dangerous, visitor should be given specific notice of the danger. Rae v mars (UK) Ltd

Question 13

What act is liability to trespassers in

Answer 13

Occupiers Liability Act 1984

Question 14

Definition of a trespasser

Answer 14

S 1(3) of 1984 act says “an occupier of premises owes a duty to another, (not being his visitor)
A trespasser is:
-A person who has no permission to be on occupiers premises or,
-A lawful visitor that has gone beyond permission, Tomlinson v congleton Borough Council

Question 15

Duty owed to a trespasser

Answer 15

-s 1(1)(a) of 1984 Act - “injury on the premises by reason of any danger due to the state of premises or things done or omitted to be done on them”
-1984 Act provides compensation for personal injury only. Damage to property is not covered.

Question 16

Requirements for an occupier to owe a duty to a trespasser

Answer 16

Under s 1(3)
1. They are aware of the danger or have ground to believe their is
2. They know, or have reasonable grounds to believe the other person is in the vicinity of the danger concerned. Swain v Natui Ram Puri
3.They may be expected to protect the other persona against risk, Tomlinson v Congleton Borough Council

Question 17

Cases involving adult trespasses

Answer 17

-Occupier not liable if the trespasser is injured by obvious danger - Ratcliff v McConnell
-Time of day and time of year is relevant when deciding whether occupier owes duty of care - Donoghue v Folkestone Properties
-Occupier does not have to spend lots of money in making premises safe from obvious dangers - Tomlinson v Congestion Borough Council
-Occupier not liable if they had no reason to suspect presence of a trespasser - Higgs v Foster
-Occupier not liable if they were not aware of danger - Rhind v Astbury Water Park