Occupiers' liability

Question 1

What is the occupiers’ liability act 1957?

Answer 1

duty of care owed by those who occupy real property, through ownership or lease, to people who visit or trespass

Question 2

Who is an occupier?

Answer 2

no statutory definition but someone who owns or is a tenant of the premises

Question 3

what case shows there can be more than 1 occupier and that it is the person who has control over the premises?

Answer 3

Wheat v Lacon & Co Ltd

Question 4

what is the definition of ‘premises’ and where is it from?

Answer 4

S1 (3)(a) of occupiers’ liability act 1957 - ‘fixed or movable structure, including any vessel, vehicle and aircraft’

Question 5

what are the 4 types of lawful visitors?

Answer 5

1. invitees
2. licensees e.g. workers
3. contractual permission e.g. people who have bought ticket to football
4. statutory right e.g. police on warrant

Question 6

what does s2(2) of the act say?

Answer 6

occupier doesn’t have to make the premises completely safe, only have to do what is reasonable

Question 7

how safe does a premises have to be and what case shows this

Answer 7

premises doesn’t have to be completely safe but occupier has to make it REASONABLY safe

Laverton v Kipasha

Question 8

what 2 things did Dean and chapter of Rochester Cathedral v Debell state?

Answer 8

a. tripping, slipping, falling, are everyday occurrences
b. risk is reasonably foreseeable only where there is a real source of danger

Question 9

what is the occupiers’ liability to children and what section of the act shows this?

Answer 9

s2 (3)
occupier must be prepared for children to be less careful than adults and the site must be reasonably safe for children of that age

Question 10

what case shows that occupier has to protect child visitors from allurements?

Answer 10

glasgow Corporation v Taylor

Question 11

What is the rule when there is a very young child and case?

Answer 11

where very young children are injured, occupiers are rarely liable as there should be supervision from a parent or guardian

Phipps v Rochester Corperation

Question 12

What did Jolley v Sutton state?

Answer 12

Occupier is liable for injuries suffered by children that are reasonably foreseeable

Question 13

What is the occupiers’ liability to tradespeople and where is this from?

Answer 13

s2 (3)(b) - a person will appreciate and guard against any special risk ordinarily incident to it so far as the occupiers leave him free to do so

basically - occupiers wont be liable where tradesmen fail to guard against risk they should know of

Question 14

case for occupiers’ liability concerning tradesmen

Answer 14

Roles v Nathan

Question 15

What does S2 (4) of the occupiers’ liability act say about torts of independent contractors?

list of 3

Answer 15

1. must have been reasonable for the occupier to have given specialist work to that contractor - specialist work = specialist worker
2. contractor must be competent to carry out work and occupier should take recommendations or references
3. occupier must check work has been properly done

Question 16

case for
1. must have been reasonable for the occupier to have given specialist work to that contractor - specialist work = specialist worker

Answer 16

Haseldine v Daw & Son Ltd

Question 17

case for
2. contractor must be competent to carry out work and occupier should take recommendations or references

Answer 17

Bottomley v Todmorden Cricket club

Question 18

case for
3. occupier must check work has been properly done

Answer 18

Woodward v Mayor of Hastings

Question 19

what are the 3 defences to an occupiers’ liability claim?

Answer 19

1. consent
2. contributory negligence
3. warning notice

Question 20

what is the standard of a warning notice in s2 (4)

Answer 20

enough to enable the visitor to be reasonably safe

Question 21

what needs to be done if the premises are extremely dangerous or unusual?
+case

Answer 21

occupier may be required to erect barriers or additional warnings

Rae v Marrs Ltd

Question 22

what was the principle from Staples v West Dorset District Council about an obvious danger?

Answer 22

if danger is obvious and the claimant is able to appreciate it, no extra warning is necesary

Question 23

What is an exclusion clause?

Answer 23

a clause that excludes or restricts liability

Question 24

What does S2 (1) say about exclusion clauses?

Answer 24

occupier is able to restrict, modify or exclude any duty by agreement or otherwise

Question 25

what can an exclusion clause not cover?

Answer 25

personal injury or death

Question 26

What is S1 (1)(a) of the occupiers’ liability act for trespassers 1984?

Answer 26

injury on the premises by reason of any danger due to the state of the premises or things done or omitted to be done to them

Question 27

what can you claim for if you’re a trespasser?

Answer 27

personal injury only
not property

Question 28

when does an occupier owe a duty of care to trespassers?

Answer 28

a. aware of the dangers or have reasonable grounds to believe it exists
b. they know or have reasonable grounds to believe the other is in vicinity of danger or may come into vicinity
c. the risk is one against which they may be expected to offer the other some protection

Question 29

What is the duty that is owed to trespassers?

Answer 29

take such care as is reasonable in the circumstances

Question 30

what if the danger is obvious?
+ case

Answer 30

not liable if the trespasser is injured by an obvious danger

Ratcliff v McConnell

Question 31

what was the principle from Tomlinson v Congleton Borough COuncil

Answer 31

occupier doesn’t have to spend lots of money to make trespassers safe from obvious dangers

Question 32

what things will the court take into consideration when deciding if duty has been breached?
+ case

Answer 32

time of day/ year

Donoghue v Folkstone Properties

Question 33

what case shows you are not liable if there is no reason to suspect presence of a trespasser?

Answer 33

Higgs v Foster

Question 34

What if the occupier is unaware of the danger?
+ case

Answer 34

not liable

Rhind v Astoury water park

Question 35

what level are child trespassers judged to?

Answer 35

the same as adults

Question 36

what are the defences for occupiers’ liability act 1984?

Answer 36

consent and contributory negligence