Occupiers' liability

Question 1

What obligation does the Occupiers Liability Act 1957 impose on the occupier?

Answer 1

To take reasonable care to ensure the visitor is reasonably safe while using the premises for the purpose for which he has permission

Question 2

Can a breach under the Occupiers Liability Act 1957 be avoided using a warning?

Answer 2

Yes, as long as it’s adequate to keep that particular visitor safe
Depends on: specificity of the warning, nature of the danger, and the type of visitor

Question 3

Is the occupier liable for acts of independent contractors?

Answer 3

No, as long as acted reasonably in:
- entrusting the work to a contractor,
- took reasonable steps to ensure the contractor is competent, and
- took reasonable steps to ensure the work was properly done

Question 4

Possible defences to a claim under the Occupiers Liability Act 1957

Answer 4

• consent
• exclusion of liability, as long as reasonable steps were taken to notify of the exclusion and the wording covered C’s loss
• contributory negligence

Question 5

Which Occupiers Liability Act applies to visitors and which to trespassers (1957 or 1984)?

Answer 5

Visitors: 1957
Trespassers: 1984

Question 6

When does a duty under the Occupiers Liability Act 1984 arise?

Answer 6

• occupier was aware of the danger/had reasonable grounds to know it exists,
• occupier knew/believed the trespasser is in the vicinity of the danger/may come in its vicinity, and
• occupier is reasonably expected to offer protection against the risk

Question 7

Which defences can be used against an Occupiers Liability Act 1984 claim?

Answer 7

• consent
• contributory negligence

Question 8

Which defences can NOT be used against an Occupiers Liability Act 1984 claim?

Answer 8

• exclusion of liability
• illegality