Occupiers liability 1957 Flashcards
The relevant area of law is Occupier’s liability and D will be covered by the 1957 Act. The act…
applies to occupiers. This is a person who controls the premises, usually the owner but can also be a tenant: Wheat. (Apply)
The duty is owed…
when the visitor is on the occupier’s premises which includes land and buildings. The definition in S1(3) states that it includes “a fixed or moveable structure, including any vessel, vehicle and aircraft.” (apply)
Occupiers owe a duty to..
all lawful visitors. The following are classed as lawful visitors: invitees, licensees, those entering under a contractual agreement and those not requiring permission to enter. (apply)
The duty of care owed to lawful visitors is contained in…
S2(2) and states that the occupier is under a duty “to take such care as is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted by the occupier to be there.” Essentially has D done what a reasonable person would have done in the circumstances to keep a lawful visitor safe: Cole v Laverton. (apply)
There are special rules…
regarding children and experts/ tradesmen. (apply if relevant) duty of care owed ?
However, defences may be available…
If work was done by an independent contractor the occupier may not be liable. (apply)
An occupier may escape liability if they provide…
sufficient warnings, usually in the form of a sign. Such signs must be clear in explaining the danger and visible: Woolins (apply)
An occupier can exclude liability by…
putting up a sign saying they do not accept responsibility for the safety of visitors whilst on the premises. (apply). Damages awarded?
