occupiers liability 57

Question 1

occupiers liability act 1957

Answer 1

occupiers of premises owe duty of care to lawful visitor, if duty breached, compensation for personal injury or damage to property.

Question 2

what is an occupier

Answer 2

s.1(2)- person in control of the premises- don’t need to be living in premises

• no-one in control then no claim
  -can share control (i.e 2 defendants)

Question 3

case example for occupier

Answer 3

wheat v Bacon and co- paying guest falls downstairs with a faulty bannister and no lighting

Question 4

what are premises

Answer 4

s.1(3) premises are fixed or movable structures including vessel, vehicle and aircraft. however, there is no statutory definition of premises.

Question 5

what are lawful visitors

Answer 5

S.2(1)-occupiers have a common duty of care to all lawful visitors
-invitees- people who have expressed permission to enter
-licensees- person who have express or implied permission to be on the land for a specific period
-contractual permission- someone who has Bought a ticket
-statutory duty-meter readers, bailiffs, police exercising warrant.

Question 6

standard of care- duty towards adults

Answer 6

s.2(2) premisses must be reasonably safe
2 part test- occupier must make premises reasonably safe for the visitors not guarantee their safety
-must be real source of danger
key case-Debelle v rochester

Question 7

s.2(3) duty towards children

Answer 7

occupiers should be prepared for children to be less carful than adults
-premises must be reasonably safe for a child of that age
-Allurments, occupiers must force child would be allured to the danger
key case- Glasgow corp v Taylor girl dies after eating poisonous berries next to a play ground, reasonably foreseeable

Question 8

s.2(3)(b)- duty towards skilled visitors/ tradesman

Answer 8

same duty as adults apply, but worker has to guard themselves from associated risks with their trade.
Guard against any special risks relating to their trade.
example- roles v Nathan- two chimney sweeps died from carbon monoxide poisoning. they have been warned of risk but carried on.

Question 9

defences- only covered if relevant
first defence

Answer 9

warning notices- the notice must enable visitors to be reasonably safe.
where danger is extreme or unusual, may need more than warning notices such as barriers.
key case- cotton v derbershire, c fell off of cliff

Question 10

s.2(4) independent contractors

Answer 10

the D can pass liability onto an independent contractor if they caused the premisses to be unsafe. there is a 3 part test that must be satisfied
1) reasonable to entrust the work o a contractor
2) reasonable steps taken to ensure the contractor was competent
3) reasonable steps take to inspect the work
key case- Haseldine V Daw, lift plunged to bottom

Question 11

what are other relevant defences

Answer 11

s.2(1)- exclusion clauses- law reform act 1945 two part test
1) c failed to take c are fro their own safety
2) failure to take care contributed to damage suffered
if successful Judge will decide % reduction

Question 12

other defence part 2

Answer 12

s.2(5) two part test consent
1) was c aware of the risk
2) was the risk accepted freely