occupiers liability Flashcards
- What is Occupiers’ Liability?
Occupiers’ liability refers to the legal responsibility of people who own or control property (like a house, business, or any land) to keep it safe for those who enter the property.
Occupiers are people who either own or control the property, like a homeowner, a business owner, or even a landlord.
The liability part means they could be held responsible if someone gets injured or their property is damaged while on that land or in that building.
How Did It Work Before?
Before the 1995 Occupiers’ Liability Act in Ireland, there was a complex system where the level of responsibility of the occupier (person in charge of the property) changed depending on who was entering the land. This system had different standards of care for different types of people (or entrants) who came onto the property.
Contract invitees: People invited onto the property based on an agreement (e.g., people buying something from a store). The occupier had to take care of them and avoid any harm.
Non-contractual invitees: People who are invited onto the property but aren’t there for a contract, like friends visiting. The occupier had to protect them from any unusual or hidden dangers.
Licensees: People who are allowed to be on the property but for reasons other than a contract, like someone visiting a friend. The occupier had to protect them from hidden dangers.
Trespassers: People who enter the property without permission. In the past, the occupier didn’t have much responsibility for them unless they hurt the trespasser on purpose or acted recklessly.
Child trespassers: If children trespassed (went onto land without permission), the occupier had a higher responsibility to keep the property safe if there was something that might attract the children (like a dangerous playground).
- Changes After McNamara v ESB [1975] and the 1995 Act
The case McNamara v ESB in 1975 was important because it made the law more simple and consistent. Instead of having different levels of responsibility for different types of entrants, the courts started to focus on negligence (carelessness) in general.
The 1995 Occupiers’ Liability Act in Ireland then formalized the law, but still distinguishes between different types of people on the land:
Visitors: People invited onto the property.
Recreational users: People who enter to do activities like hiking or playing.
Trespassers: People who enter without permission.
- Hotel Proprietors’ Act 1963
This is an exception to the general occupiers’ liability rules. It says that hotel owners have a special responsibility to their guests.
A hotel owner must make sure the place is safe for guests, whether or not they have a special contract (e.g., you don’t have to sign a special agreement to be a guest at a hotel).
The hotel is responsible for your personal safety and also your car if you stay overnight.
However, there’s a limit on how much the hotel owner is liable for if your property gets damaged — usually £100. This doesn’t apply to personal injury (if you get hurt), though, which has no limit.
The hotel owner cannot contract out of (or avoid) this responsibility, even if you sign an agreement that tries to limit their responsibility.
Example Case: Smith v. CIE (1991)
In Smith v. CIE, a man was chasing some people across a railway track and tripped on gravel, causing him to be struck by a train and lose both his legs.
He entered the railway line by climbing over a wall that wasn’t kept in good repair (it was a static danger). He could have argued that the wall was in bad condition (static) or that the incident happened because of something the occupier was actively doing (active).
However, his claim was defeated in general negligence because he didn’t prove there was enough proximity or reason for the occupier to be held responsible for his injuries.
Static vs. Active Danger – What’s the Difference?
Active Danger refers to situations where an injury is caused by something the occupier (property owner) is actively doing. For example, if a tree is being felled and someone gets hurt when it falls, that’s an active danger. It involves direct action by the occupier.
Static Danger refers to dangers that come from the condition of the property itself, not from any active action by the occupier. For instance, if a wall isn’t properly maintained and collapses, or stairs don’t have a handrail and someone falls, that’s a static danger. These are situations where the occupier isn’t actively doing something dangerous, but the property is in a dangerous state.
The Importance of “State of the Premises” in Liability
In some cases, an occupier’s liability depends on whether the danger was caused by the state of the premises. For example, if the premises were in poor condition (like broken stairs or a collapsed wall), this can be seen as a static danger.
Hackett v. Calla Associates Ltd. (2004) is a case where the plaintiff’s injury came from a fight with bouncers. The court decided that this wasn’t a case about the state of the premises (like an unsafe building or something broken) but rather about the behavior of the bouncers. So, the occupier (the person responsible for the premises) wasn’t liable.
Similarly, in the Turner v. The Curragh Racecourse (2020) case, the plaintiff got injured when he was jogging on racecourse land and was hit by a horse. The court said the danger of horses on the racecourse was obvious to anyone familiar with the area, and therefore, the occupier didn’t have to warn people with signs.
Static Danger as an Exception to No Liability for Nonfeasance
Normally, tort law (the law of civil wrongs) doesn’t hold someone responsible for failing to act, unless they have a specific duty to protect others from harm. For example, if someone is walking in a dangerous area and gets hurt because they didn’t look out for themselves, the occupier usually wouldn’t be held responsible.
However, in cases of static dangers, there’s an exception. This means that if the property is in a dangerous condition (like faulty stairs or a broken wall), the occupier can be held responsible for not taking steps to prevent harm. This is different from the usual rule where there’s no duty to act unless there’s a direct need.
Obvious Danger – No Liability for Obvious Risks
If the danger is obvious, then the occupier is usually not liable. For example, in Lavin v. DAA (2016), a woman slipped on an escalator at Dublin Airport. The court decided that since the danger was obvious (the woman didn’t hold the handrail), the airport wasn’t liable.
The logic is that if someone encounters a danger they should have noticed (like an escalator where you know you need to hold the handrail), they can’t blame the occupier for their injury.
In Turner v. The Curragh Racecourse (2020), the court found that there was an obvious risk in crossing the gallops (horse racing area) and the jogger should have been more careful. So, again, the occupier wasn’t liable.
What is an Occupier?
An occupier is someone who has control over a property, not necessarily the owner.
Multiple people can be occupiers of the same property.
Can one occupier sue another?: If one person is injured on a property controlled by someone else, they can’t usually sue that person, even if they’re both occupiers of the same place. For example, in the Keegan v. Sligo County Council case, a tenant couldn’t sue the landlord for an injury caused by a slippery porch.
Occupier’s Responsibility for Contractors
An occupier is not responsible if a contractor does something wrong and someone gets hurt, as long as the occupier checked that the contractor was competent.
For example, if you’re not living at your home while renovations are happening and someone gets hurt, you’re not automatically responsible as long as you made sure the workers were qualified.
What is Damage or Injury?
Damage includes harm to property or animals.
Injury means anything like physical harm, mental injury, or even death.
Public Roads and Local Authorities
A local authority (like the government or council) is not considered the occupier of public roads.
For example, in the O’Riordan v Clare County Council case, someone got injured on a cattle grid while cycling. The court said you can’t sue the council for this injury because the council isn’t considered the occupier of the road.
Who is a Visitor?
A visitor is someone invited or allowed on a property, either by the owner or with permission.
Visitors are owed a duty of care (the property owner must ensure the place is reasonably safe for them).
Example: If you’re at someone’s house and you trip on an unsafe step, the owner could be responsible because they owe you a duty to keep the place safe.
Criminal Trespassers
A criminal trespasser is someone who enters the property to commit a crime.
No duty of care is owed to them, unless there are special circumstances where the court decides otherwise.
Example: If someone tries to break into your house, and they get hurt while doing so, you are not responsible for their injury.
Recreational Users and Trespassers
Recreational users are people who come onto a property for fun or leisure, like hikers or sightseers. They may or may not have permission, but they’re still owed some care from the property owner, just not the same level of care as a visitor.
Example: A person visiting a historical site might be considered a recreational user. If they get hurt, the property owner only has to avoid reckless behavior, not ensure everything is safe.
Trespassers: These are people who are on the property without permission. Property owners don’t have to be as careful with trespassers, but they can’t intentionally harm them.
Example: If someone sneaks into your backyard and gets hurt, you don’t have to fix everything, but you can’t set up traps to hurt them.
