Occupiers Liability Flashcards
What is the main source of occupiers’ liability?
Both statute law (specifically the Occupiers Liability Acts 1957 and 1984) and common law.
What does the Occupiers Liability Act 1957 primarily cover?
The duty owed to visitors.
What types of damage are protected under the Occupiers Liability Act 1957?
Death, personal injury, and property damage.
What does the Occupiers Liability Act 1984 cover?
The duty owed to persons other than visitors, such as trespassers.
Who is considered an occupier according to the OLA 1957?
An occupier is defined by common law; the test is occupational control over the premises.
In Wheat v Lacon & Co, who were identified as occupiers?
- Tenants as occupiers if the landlord lets premises. 2. Landlords remain occupiers regarding retained areas. 3. Owners who license use but retain entry rights. 4. Owners remain occupiers unless contractors are deemed so.
How is a visitor defined legally?
A person with express or implied permission to enter the premises.
What is the common duty of care under the OLA 1957?
An occupier owes a common duty of care to his visitors to ensure they are reasonably safe.
What does ‘reasonable’ mean in the context of the OLA 1957?
It refers to taking reasonable care in all circumstances to ensure visitor safety.
What can discharge the duty of care under the OLA 1957?
A warning may discharge the duty of care if it sufficiently informs of the risk.
Under OLA 1984, when is a duty of care owed to unlawful visitors?
If the occupier is aware or has reasonable grounds to believe that a danger exists and that the trespasser is in the vicinity.
What was the ruling in Addie v Dumbreck regarding trespassers?
There was no duty of care owed to trespassers, only a duty not to inflict harm wilfully.
What precedent was set in British Railways Board v Herrington regarding trespassers?
A duty of care can be owed to trespassers, leading to the introduction of the OLA 1984.
What differentiates the duty under OLA 1957 and OLA 1984?
OLA 1957 requires reasonable safety for visitors, while OLA 1984 only applies under certain criteria for trespassers.
What are the implications of Tomlinson v Congleton Borough Council regarding lawful visitors and trespassers?
The case highlighted that lawful visitors have assumed duty of care while trespassers generally do not.
What must an occupier show to be exempt from liability under OLA 1984?
The occupier must show they had no knowledge of the danger and could not reasonably foresee the presence of a trespasser.
What is the relationship between the OLA and common law?
The OLA builds upon common law principles, providing a statutory framework for occupier liability.
How does OLA 1984 differ in liability focus compared to OLA 1957?
OLA 1984 focuses more on knowledge of danger rather than general safety.
What does s.2(3)(a) of OLA 1957 state regarding children?
Occupiers must be prepared for children to be less careful than adults.
Who can be classified as a lawful visitor under the OLA 1957?
Persons with a legal right of entry, such as police or firefighters.
What must an occupier demonstrate to avoid liability for independent contractors?
An occupier must show reasonable steps were taken to ensure the contractor was competent and the work was properly carried out.
Can property damage be claimed under OLA 1984?
No, OLA 1984 only covers personal injury and death, not property damage.
What is the effect of statutory definition absence in the OLA?
It leads to uncertainty in cases due to jurisdictional interpretations.
What is meant by ‘ex turpi causa’ in relation to trespassers?
A legal principle stating a claimant cannot pursue a legal remedy if it arises from their own illegal act.
