Occupiers Liability 57

Question 1

Act 1957

Answer 1

An occupier of premises owes a duty of care to lawful visitors if duty is breached + injury occurs visitor entitled to compensation

Question 2

Liability

Answer 2

Occupier has no definition. May be influenced by whose insurance policy covers the premises. No one in control = no claim

Question 3

There can be more than one occupier

Answer 3

Wheat - fell on unlit staircase and died. Both manager (no ownership rights) and employers could be liable

Question 4

Children

Answer 4

Age affects standard of care

Question 5

Workers

Answer 5

Decide whether the worker is injured by job related thing or something else

Question 6

Duty owed to a lawful visitor + breach

Answer 6

Owed a common duty of care - doesn’t have to make visitor completely safe just reasonable

Question 7

How long does duty of care last

Answer 7

Cole v royal British legion
Injured 2 years after pole was removed, DOC doesn’t last that long

Question 8

Children section 2 (3)

Answer 8

Must prepare for children to be less careless than adults
Must guard against attraction to child which places them in danger

Question 9

Workers

Answer 9

An occupier can expect a worker to be aware of potential risks and take necessary precautions

Question 10

Work of independent contract

Answer 10

Requirements
Must be be a reasonable job not needing a specialist
Hired contractor must be happy to carry out task
Occupier must check work has fully been done

Question 11

Defences

Answer 11

Consent- c accepted risk
Contributory neg- c responsible
Exclusion clause- limit liability
Warning notices-complete defence

Question 12

Remedies

Answer 12

C will be awarded damages for personal injury or property damages