Occupiers liability

Question 1

Occupiers liability

Answer 1

negligence occurs on a property (duties of care when someone is occupying real property) (statutory)

Question 2

Real property

Answer 2

a building or structure (could be someone who owns it or leasing it)

Question 3

1957 Occupiers liability Act

Answer 3

deals with lawful visitors (general occupiers liability)
- someone who comes to your home
- hotel, school

Question 4

1984 Occupiers liability Act

Answer 4

deals with trespassers (because of Herrington or ppl trespassing unknowingly) doesn’t cover burglars

Question 5

Main remedy

Answer 5

compensation

Question 6

Occupier

Answer 6

whoever is in control of the property (e.g. landlord)
- usually whoever has the insurance policy in their name to cover any claims

Question 7

Lawful adult visitors

Answer 7

• invitees
• licensees
• those with contractual permission
• those with statutory rights of entry (police, meter readers)

Question 8

Responsibility on occupier

Answer 8

to make sure that the visitor is safe to at least a reasonable level

Question 9

OL to children

Answer 9

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

Question 10

Allurement

Answer 10

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)

Question 11

People carrying out trade/calling

Answer 11

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

Question 12

Torts of independent contractors

Answer 12

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:

Question 13

S 2(4) 1957 Act, 3 requirements:

Answer 13

1. work given to contractor must be specialist and complicated (something occupier can’t so themselves)
   Haseldine v Daw - lift
2. references, licence and insurance needs to be checked (Bottomley)
3. the occupier needs to check that the work has been done properly (Woodward v Hastings)

Question 14

Defences to claim by a lawful visitor

Answer 14

contributory negligence
consent (volenti)
warning notices

Question 15

contributory negligence

Answer 15

works in the same as regular negligence defences

Question 16

consent (volenti)

Answer 16

same as negligence defences

Question 17

Warning notices

Answer 17

can act as a complete defence, but under S 2(4) of the 1957 Act are ineffective unless they enable the visitor

Question 18

Exclusion clause S 2(1) of the 1957 Act

Answer 18

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.

Question 19

Exclusion clauses don’t count for children

Answer 19

they may not understand

Question 20

Death

Answer 20

you can’t exclude the liability from death

Question 21

Common duty of care

Answer 21

ensures a visitor is safe for the purpose of their visit to a reasonable extent

Question 22

Remoteness of damage

Answer 22

foreseeability of damage or how likely is an accident (doesn’t need to be specific or predicted)

Question 23

Liability for trespassers

Answer 23

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)

Question 24

Occupiers Liability Act 1984

Answer 24

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

Question 25

S 1(3)

Answer 25

occupier is aware of danger (can claim they are unaware of the risk to not be liable)
- they are aware that others may come into the vicinity of danger

Question 26

1957 OL Act

Answer 26

> lawful visitors
children, special extra duty
no need for occupier to know about risk, they will still be liable
reasonable precautions to make the risk safe

Question 27

1984 OL Act

Answer 27

> trespassers
generally no distinction between adults & kids
occupier needs to be aware of the risk to be liable
some precautions necessary

Question 28

Factors affecting liability

Answer 28

> no liability if the danger is obvious and the trespasser is an adult
time of day and time of yr (Donoghue v Folkestone)
occupiers are not expected to spend lots of money risk proofing premises from obvious dangers
no liability if the occupier had no reason to suspect trespassers presence
if the occupier is unaware of the danger, then they are also not liable
child trespassers are covered by the same statutory rules

Question 29

Defences to claim by a trespasser

Answer 29

• contributory negligence
• consent
• warning

Question 30

Remedies

Answer 30

trespassers can only claim damage for personal injury