Occupiers Liability Flashcards
What is occupiers liability?
Branch of negligence where occupiers ow a duty to people who come onto their premises, with a varying duty according to whether they are a lawful visitor (OLA 1957) or a tresspassser (OLA 1984). The danger must arise due to state of premises
What is an occupier?
Occupiers who may be, but do not to need to be owners of tenants of premises, simply they need to be in control.
E.g. Wheat v Lacon 1966, manager of pub was occupier as he had control, lived with wife and could rent out room but not owner
Bailey v Armed 1999 neither parents who owned flat nor supermarket had sufficient conto over roof areas to be occupiers
No need for physical occupation (Harris v Birkenhead 1976) local council occupier of derelict building
What are ‘premises’
In s.1(2) it includes land, buildings, houses, as well as vehicles and fixed or moveable structures like lifts, ladders or bouncy castles
What is a lawful visitor?
Someone with express or implied permission to enter the premises, and those with a contractual or legal right to enter
OLA 1957
What is a trespasser?
A person who has no permission or authority to be be on occupiers premises, lawful visitor can become trespasser by exceeding permissions granted to them
OLA 1984
When is whether they a lawful visitor or trespasser irrelevant in establishing a duty of care?
When it is not caused by “dangers due to the state of the premises)
E.g. Geary v Wetherspoon (2011) C slid down banister of staircase and suffered spinal fracture, no liability as not due to state of premises
