Occupiers Liability Flashcards
Occupiers liability
Duty owed by occupier to anyone that comes onto their land
Occupier doesn’t have to be owner
Test applied is occupational control
Occupiers liability act 1957
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
Lawful visitors
Invitees
S1(2)
Those who have been invited into the land and therefore have express permission to be there
Lawful visitors
Licenses
S1(2)
Those who have express or implied permission to be there
Lawful visitors
Those who enter due to a contract
S5(1)
E.g to pay for services
Lawful visitors
Those entering in exercising a statutory right
S2(6)
Lawful visitors
Implied licence at common law
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
Standard of care
“Reasonable occupier”
If occupier doesn’t reach this standard then they are of breach
Standard of care variations
S2(3)a
An occupier must be prepared for children to be less careful than adults
Jolley v Sutton
Standard of care variations
S2(3)b
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
Dangers arising from actions undertaken by independent contractors
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
Warning signs
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
Occupiers liability act 1984 - trespassers
Separate act
Imposes liability on occupiers for non visitors
Refill v Newbury
Occupiers liability act 1984 - trespassers
S1(8)
Can only claim for death or personal injury if you’re a trespasser
Occupiers liability act 1984 - trespassers
S1(3)
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
