Occupiers liability Flashcards
Occupiers liability
negligence occurs on a property (duties of care when someone is occupying real property) (statutory)
Real property
a building or structure (could be someone who owns it or leasing it)
1957 Occupiers liability Act
deals with lawful visitors (general occupiers liability)
- someone who comes to your home
- hotel, school
1984 Occupiers liability Act
deals with trespassers (because of Herrington or ppl trespassing unknowingly) doesn’t cover burglars
Main remedy
compensation
Occupier
whoever is in control of the property (e.g. landlord)
- usually whoever has the insurance policy in their name to cover any claims
Lawful adult visitors
- invitees
- licensees
- those with contractual permission
- those with statutory rights of entry (police, meter readers)
Responsibility on occupier
to make sure that the visitor is safe to at least a reasonable level
OL to children
xtra special duty of care since children are less careful than adults
sometimes the occupier isn’t found liable because the child affected was not supervised
there is no rule set as tp age limit
Allurement
something dangerous that will attract a child’s attention (depends on the age of the child)
- if allurement exists damage/injury isn’t foreseeable there may be no liability on the occupier
(Jolley v Sutton council)
People carrying out trade/calling
if a tradesman is working on a premises then the occupier will owe them a duty of care
- however, if the tradesman has failed to protect himself from any special risks, then the occupier may not be liable
injury must be related to the actual trade, if it is caused by something else the occupier is liable
Torts of independent contractors
If a lawful visitor is injured by a workman’s negligent work, then there is a case where the occupier may be able to pass the defence onto them instead S 2(4) 1957 Act, 3 requirements have to be met:
S 2(4) 1957 Act, 3 requirements:
- work given to contractor must be specialist and complicated (something occupier can’t so themselves)
Haseldine v Daw - lift - references, licence and insurance needs to be checked (Bottomley)
- the occupier needs to check that the work has been done properly (Woodward v Hastings)
Defences to claim by a lawful visitor
contributory negligence
consent (volenti)
warning notices
contributory negligence
works in the same as regular negligence defences
consent (volenti)
same as negligence defences
Warning notices
can act as a complete defence, but under S 2(4) of the 1957 Act are ineffective unless they enable the visitor
Exclusion clause S 2(1) of the 1957 Act
occupier excludes their duty completely for any injury caused to a visitor by way of warning, but unlike a simple warning sign, this must be made very clear on the sign.
Exclusion clauses don’t count for children
they may not understand
Death
you can’t exclude the liability from death
Common duty of care
ensures a visitor is safe for the purpose of their visit to a reasonable extent
Remoteness of damage
foreseeability of damage or how likely is an accident (doesn’t need to be specific or predicted)
Liability for trespassers
traditionally not covered in common law - owed trespasser no duty of care
changed from the HOL with the Practice statement (allows HOL to go back on previous decisions)
Occupiers Liability Act 1984
if you are a burglar you can’t make a claim if you are injured
act inspired by children who may stray into an area and due to trespassers that may not be aware they are trespassing
only covers personal injury not property
