Occupiers Liability Flashcards
How is an occupier defined?
An occupier is someone with control over the premises. The key element is immediate supervision and control.
Case: Wheat v Lacon & Co Ltd [1966] AC 552
Principle: An occupier can be anyone with control over the premises, even if they don’t own the land.
What defines a visitor under the 1957 Act?
Visitors are either invitees or licensees as defined by common law.
Case: Spearman v Royal United Bath NHS Trust [2017] EWHC 3027
Principle: The test for whether something is reasonable is objective: It’s not whether the claimant thought it was reasonable, but whether a reasonable person would think it was reasonable.
What is the common duty of care owed to visitors?
Occupiers owe visitors a duty of care to ensure they are reasonably safe in using the premises for the intended purpose.
Section 2(1): The occupier must take reasonable care, but can modify or exclude the duty by agreement.
What is an example of an obvious risk under the 1957 Act? Pollock v Cahill [2015] EWHC 2260 (QB)
An obvious risk, such as an open window, should be mitigated by the occupier regardless of the visitor’s condition (e.g., blindness). Failure to address it results in breach of duty.
What is the liability regarding icy pavements?
Icy pavements on council property pose a clear risk that occupiers must mitigate, and failure to do so can result in liability.
Case: Cook v Swansea City Council [2017] EWCA Civ 2142
When can an occupier avoid liability for an independent contractor’s negligence?
If it was reasonable for the occupier to hire the contractor and they took reasonable steps to ensure the contractor was competent and insured. s2(4)(b)
What is the principle regarding duty owed to trespassers under the 1984 Act?
s1(3) of the act:
They are aware of the danger or have reasonable grounds to believe it exists.
They know or have reasonable grounds to believe that someone is in the vicinity of the danger, or may come into the vicinity (even if unlawfully).
The risk is one against which the occupier may reasonably be expected to offer some protection.
Case: Donoghue v Folkestone Properties Ltd [2003] QB 1008
What defences and exclusions can occupiers use?
Occupiers are not liable for risks that the visitor willingly accepts (volenti non fit injuria).
Section 2(5) of the 1957 Act: Under UCTA 1977 & CRA 2015, occupiers cannot exclude liability for personal injury or death caused by negligence in business or consumer contracts.
What is the summary of key principles regarding occupier’s liability?
Occupiers owe a duty of care to all visitors but can modify or exclude the duty.
Independent Contractors: Occupiers may avoid liability if they act reasonably when hiring contractors. Trespassers (1984 Act): Occupiers owe a limited duty to trespassers, and risks must be foreseeable.
What did Tomlinson v Congleton BC say?
Occupier of land is not liable to a trespasser for injuries sustained in a situation where the danger is obvious and the person knowingly and voluntarily engaged in the risky activity. The case involved a man who dived into a shallow part of a lake in a park, breaking his neck, despite clear warnings and efforts by the council to prevent swimming. The court ruled that the risk arose from the claimant’s own actions, not from the condition of the premises, and therefore the council had no liability.
Why was there no breach in Juj?
Nature of the occupiers control was not sufficient to put up sign for disabled parking.
What was said in Phipps v Rochester Corp for occupiers expectations for children?
A young child fell into a trench on council land while playing.
Held: No liability — the occupier was entitled to expect parents to supervise very young children.
What was said in Jolley v Sutton for occupiers expectations?
If a danger is foreseeable to a child, especially an allurement, an occupier must take reasonable steps — even if the precise accident isn’t predicted.
What did Roles v Nathan say about visitors?
Occupiers owe less to skilled visitors in respect of risks they are expected to manage professionally.
What did Darby v National Trust say about warnings?
A man drowned in a pond with no swimming signs, but no specific warning of drowning risk.
Held: The danger of drowning in dark water was obvious, and no specific warning was required.
What is the liability for occupiers that hired independent contractors?
No liability if reasonable steps taken in hiring and checking (Haseldine, AMF, Naylor).
How did the courts define activity carried out on premises? (with case)
Donoghue v Folkstone:
A distinction was drawn between risk arising from the state of the premises and risk arising from the acts of the claiman. Statutes are not engaged if acts of C create risk.
