Occupiers Liability 1984 Unlawful - Tort structure

Question 1

Identify and define

Answer 1

Occupiers Liability is the legal responsibility of an occupier for damage caused by the state of the premises. There are two main statutes; Occupiers Liability Act (OLA) 1957 which applies to lawful visitors and OLA 1984 which applies to unlawful visitors.

Question 2

Define what an occupier is?

Answer 2

There is no statutory definition, however an occupier can be said to be ‘anyone who has sufficient control over the premises’ (Wheat v Lacon) and there can be more than one. It may be but does not have to be the owner/tenant of the premises (Haris v Birkenhead)

Question 3

APPLY TO SCENARIO

Question 4

Define premises?

Answer 4

Premises has no statutory definition, except in S3(1)(a) of the 1957 act where it’s referenced to a person having occupation or control of any ‘fixed or moveable structure including any vessel, vehicle or aircraft.’ A few examples may be land, houses, boats (Wheeler v Copas). An occupiers duty is owed wherever a visitor can go.

Question 5

APPLY TO SCENARIO

Question 6

Define lawful/unlawful?

Answer 6

Common element 3 is whether or not the claimant (C) is a lawful or unlawful visitor. These can be considered separately as children, workers and adult visitors. A lawful visitor can be and invitee (persons who have been invited onto the premises), Licensees (persons with express/implied permission to be on the premises for a specific time/purpose), anyone with contractual permission or anyone with statutory right of entry. An unlawful visitor/trespasser is a person who has no permission/authority to be on the premises