OCCUPIERS LIABILITY 1957

Question 1

What is a premises?

Answer 1

• Any fixed/moveable structure

- e.g. vans, scaffolding, houses, shed

Question 2

What is an occupier?

Answer 2

Someone or multiple persons who uave sufficient control over a premises/land.

Question 3

What does the 57 Act govern?

Answer 3

Protects lawful visitors and ensures the visitor is safe in using premises for purposes for which invited.

Question 4

57 act case law

Answer 4

Wheat v lacon

Question 5

Wheat v lacon

Answer 5

• multiple occupiers as well as just the one

- occupier is someone who has sufficient control

Question 6

Rules regarding adult visitors

Answer 6

People who have a right;
- visitors 
- invitees
- licensees
- construction (permission required statutory right of entry.
- police i.e warrant 
Case law: Latimer v AEC S2(4) (1)

Question 7

Latimer v AEC S2(4)(1)

Answer 7

Occupier may be able to carry out this duty by providing reasonable warnings.
CASE LAW: WOOLINS V BRITISH CELANESE

Question 8

Woolins v british celanese

Answer 8

Warning signs must be visible

Question 9

Children under Occupiers Liability 57

Answer 9

S2(3)(a) - occupiers must be prepared for children to be less careful than adults
CASE LAW:
Phips v Rochester co-operation
Maloney v Lambeth Borough Council

Question 10

Phips v Rochester

Answer 10

Parents need to check risks for children. Children should be under supervision of parent, occupier is not liable.

Question 11

Maloney v Lambeth Borough Council

Answer 11

Small children must be supervised

Question 12

Any possible defences?

Answer 12

• phips v Rochester
• Maloney v lambeth borough council
• ashdown v samuel williams

Question 13

Ashdown v Samuel Williams

Answer 13

• must be visible

- must be clear

Question 14

Can a sign exclude liability?

Answer 14

Yes, as long as it is visible and clear (ashdown v samuel williams)

Question 15

What happens if the one who makes the premises unsafe is carrying out a trade

Answer 15

Hazeldine v Dawn (1941)

Question 16

Hazeldine v dawn

Answer 16

1.) Reasonable to bring in contractors
2.) Occupier must check if contractor is competent
3.) Check if work is completed.
In which case is liability excluded?
If the technicality of work is beyond the scope of understanding 4 occupier, private company is liable.

Question 17

S2(1) what happens if an independent contractor is the one who makes the premises unsafe?

Answer 17

Rolls v Nathan - specialists must be aware of potential risks and should try to prevent against risks within the scope of their specialism