Occupiers Liability Flashcards
What is occupiers liability?
Where the claimant (visitor or trespasser) is injured whilst on the defendants land
What are the two types of people in occupiers liability?
Lawful visitor or a trespasser
What act does a lawful visitor use in occupiers liability?
Occupiers Liability Act 1957 - S2(1) The occupier owes ‘a common duty of care’ to visitors
How is an occupier defined in occupiers liability? name the key case
defined by Lord Denning in Wheat v Lacon under a ‘sufficient control test’, where ‘a person has a sufficient degree of control over premises that they ought to realise that any failure on their part to use care may result in injury to a person’
What rule does Wheat v Lacon add to occupiers in occupier liability?
There can be multiple occupiers of the same premises
How is a visitor defined in occupiers liability?
Anyone invited or permitted to be on the D’s land - can be expressed or implied
How are premises defined in occupiers liability?
Occupiers Liability Act 1957 S.1(3)(a) - ‘any fixed or moveable structure, including vessels, vehicles and aircraft’
What is a ‘common duty of care’ in occupiers liability?
S2(2) - ‘duty to take reasonable steps to ensure that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted to be there’
What rule did Darby v National Trust add to ‘common duty of care’ in occupiers liability?
The injury must be due to the state of the premises and not the activities of the visitor
What is a breach defined as in occupiers liability? name the key case
The occupier must act reasonably - what a reasonable person would have done or not done. The duty is limited in that it is only owed in respect of the purpose for which the visitor is permitted to be on the premises (The Calgarth)
What is the side rule for children in occupiers liability?
S.2(3)(a) - occupier must be prepared for children to be less careful than adults
What are the two areas within the side rule of children in occupiers liability? name the key cases
Allurements - something on the land that is likely to attract children, occupier should take greater care (Glasgow Corporation v Taylor)
Very young children - should be under parent supervision, may not be liable (Phipps v Rochester Corporation)
What is the side rule of experts in occupiers liability? name the key case
S.2(3)(b) - expert will ‘appreciate and guard against risks that are in the exercise of their calling’ (Roles v Nathan)
What are the three ways an occupier can discharge their duty?
-S.2(4)(b) Negligence of an independent contractor
-Warning signs (Cotton v Derbyshire Council)
-Consent
What is the rule of law on the negligence of an independent contractor in occupiers liability?
S.2(4)(b) - visitor is injured as a result of contractors negligence, D may not be liable under 2 conditions:
-reasonable for occupier to have entrusted the work to the contractor
-occupier taken reasonable steps to ensure work done properly
What was held in Haseldine v Daw in relation to independent contractors?
If the work is of a complex or technical nature then it is less reasonable to impose the obligation
What is the rule of law on warning signs in occupiers liability? name the key case
must be effective warnings of danger so that the visitor is reasonably safe (Cotton v Derbyshire Council) - held there is no specific obligation when the danger is already obvious
What is the rule of law on consent for occupiers liability?
an occupier is not liable for any damage or loss suffered if the visitor has willingly consented to the risk
What act defines trespassers under occupiers liability?
Occupiers Liability Act 1984 - sets out rights and remedies of trespassers
What rule did British Railway Board v Herrington set out for occupiers liability?
a ‘common humanity’ is owed to trespassers, so they should not set traps or deliberately hurt them
What is section 1(1) of the Occupiers Liability Act 1984?
a duty is owed to trespassers for injuries that are caused by a danger due to the state of the premises - an occupier must take reasonable care
What is section 1(3) of the Occupiers Liability Act 1984?
An occupier owes a duty to a trespasser if 3 condition are met (subjective test):
-Occupier is aware of the danger or has reasonable grounds to believe it exists
-Has reasonable grounds to believe that someone is in the vicinity of danger
-the risk is serious enough that the occupier may be expected to offer protection against it
What is section1(5) of Occupiers Liability Act 1984?
Occupier may discharge their duty by taking reasonable steps to put up warning signs or discourage people - however the age must be considered as children would need greater warnings
