Occupiers Liability 1957 Flashcards
Occupiers
Occupier’s Liability Acts 1957 and 1984- occupiers of premises do not have to be owner, no statutory definition of occupier
Wheat v Lacon
Held: Liable- both the manager and his employers could be occupiers
4 categories of occupier
- Tenant
- Letting part of premises you’re an occupier of those parts
- An owner allows a person to use premises then reserves right of entry then owner remains occupier
- Contractors who are employed in particular circumstances
Premises
A person having occupation/control of any ‘fixed or moveable structure’ e.g. ship in a dock, house, lift
Revill v Newbury
(shed case)
Held: Compensation claim purely in negligence and awarded damages - D being an occupier wasn’t relevant
Lawful visitors: 1957 Act s.2(1)
An occupier owes a lawful visitor a common duty of care, they’re seen separately as adults, children or workmen
Implied permission
People such as postmen/police have this until its taken away- covered by 1957 Act until then
Ferguson v Welsh
Council contracted demolition work to company A, who sub-contracted it to company B. This was unauthorised and an employee of B who was injured on premises was a trespasser
s.2(2) OCA 1957
An adult visitor is owed a common DOC, the visitor will be reasonably safe using the premises for the purpose they’re invited for
Laverton v Kiapasha Takeaway
Held: CoA decided that it was reasonably safe- not liable as didn’t have to make it completely safe
Occupier’s liability to children s.2(3)
Occupier ‘must be prepared for children to be less careful than adults…… must be reasonably safe for a child of that age’
Children standard of care
Measured subjectively according to age of child. As no age limit is set it’s difficult to weigh up responsibility of parents and responsibility of occupier
Glasgow Corporation v Taylor
Held: Council liable- they were aware of the danger and berries were an ‘allurement’ to young children
Phipps v Rochester
Held: Parents liable as he shouldn’t have been playing in unsafe places
Liability to tradesmen s.2(3)(b)
Occupier can expect them to ‘appreciate and guard against any special risks’ which they are expected to know of.
