Occupiers Liability

Question 1

Occupiers liability

Answer 1

Duty owed by occupier to anyone that comes onto their land
Occupier doesn’t have to be owner
Test applied is occupational control

Question 2

Occupiers liability act 1957

Answer 2

S1(3) - act applies to land and buildings as well as fixed and moveable structures
S2(2) - imposes a common duty of care on occupiers to lawful visitors “to take such care as in the circumstances as reasonable to see that the visitor will be reasonable safe in using the premises for the purposes for which he is invited”
Claims under the act include death, personal injury and damage to property

Question 3

Lawful visitors
Invitees

Answer 3

S1(2)
Those who have been invited into the land and therefore have express permission to be there

Question 4

Lawful visitors
Licenses

Answer 4

S1(2)
Those who have express or implied permission to be there

Question 5

Lawful visitors
Those who enter due to a contract

Answer 5

S5(1)
E.g to pay for services

Question 6

Lawful visitors
Those entering in exercising a statutory right

Answer 6

S2(6)

Question 7

Lawful visitors
Implied licence at common law

Answer 7

Where there is repeated trespass and no action is taken by the occupier to prevent it - only occurs if the occupier knows of the trespass and of the danger

Question 8

Standard of care
“Reasonable occupier”

Answer 8

If occupier doesn’t reach this standard then they are of breach

Question 9

Standard of care variations
S2(3)a

Answer 9

An occupier must be prepared for children to be less careful than adults
Jolley v Sutton

Question 10

Standard of care variations
S2(3)b

Answer 10

An occupier may expect that if they employ an “expert” to work on the premises then they are expected to protect themselves against any dangers related to that work
Roles v Nathan

Question 11

Dangers arising from actions undertaken by independent contractors

Answer 11

S2(4)b - occupier is not liable for dangers created by an independent contractor if the occupier:
Acted reasonably in entrusting the work of the contractor
Took reasonable steps to satisfy themselves that work was properly done and the contractor was competent

Question 12

Warning signs

Answer 12

If the occupier has put up a warning sign then they have met the standard of a reasonable occupier
S24(a)
The warning must cover the danger but there is no duty to warn against obvious risks
Bottomley v tomorden cricket

Question 13

Occupiers liability act 1984 - trespassers

Answer 13

Separate act
Imposes liability on occupiers for non visitors
Refill v Newbury

Question 14

Occupiers liability act 1984 - trespassers
S1(8)

Answer 14

Can only claim for death or personal injury if you’re a trespasser

Question 15

Occupiers liability act 1984 - trespassers
S1(3)

Answer 15

An occupier owes a duty of care to a non visitor if:
Occupier is aware of danger
Occupier knows or has reasonable grounds to believe that someone may have come within the vicinity of danger
The risk is reasonable for the occupier to expect to offer the trespasser some protection
Dongoghue v folkestone

Question 16

Occupiers liability act 1984 - trespassers
S1(4)

Answer 16

Standard of care
Take all reasonable care to see that someone doesn’t suffer injury on the premises
Ratcliff v McConnell

Question 17

Occupiers liability act 1984 - trespassers
S1(5)

Answer 17

Warning and warning signs
May be no liability if the occupier gives a warning or discourages the trespasser from taking the risk
Tomlinson v congleton

Question 18

Defences

Answer 18

Occupiers liability act 1984 defences
Volenti non fit injura s1(6)
Contributory negligence - damages may be reduced