Occupiers' Liability Flashcards
Whealer v Copas
Defendant was not liable under OLA 1957 as he could not be deemed ‘occupier’ once farm was handed over.
Wheat v E Lacon
There can be two or more occupiers at any one time if they share control of the premises. The defendant brewing company were owners of a pub run by a manager. The company granted him a licence to use the top floor of the premises for his private accommodation. His wife took in paying guests, and one evening as it was getting dark, a guest fell down the back staircase in the private portion of the premises and was killed. The handrail on the stairs was too short and did not stretch to the bottom of the staircase and someone had removed the lightbulb from the top of the stairs. The HoL held that there can be two or more occupiers at any one time if they share control of the premises. Although the grant of a licence to occupy the top floor had been made to the manager, the defendants (land owner) still had sufficient control over the premises to remain occupiers and therefore a duty of care.
Collier v Anglian Water Authority
The plaintiff was injured when she tripped over a paving stone on land for which the defendants were responsible and who accordingly owed the plaintiff a common law duty of care as a visitor and were liable in damages.
Scrutton LJ in The Calgarth
When you invite a person into your house to use the staircase, you do not invite him to slide down the banisters, you invite him to use the staircase in the ordinary way in which it is used.
Tomlinson v Congleton BC
Occupiers have an obligation with regards to injuries caused on their property.
Occupiers’ Liability Act (OLA) 1957
Prescribed the occupiers’ duty to their lawful visitors.
s.1(3)(a) OLA 1957
What can be occupied? Any fixed or movable structure eg ladder (Wheeler v Copas)
s.1(2) OLA 1957
Who is an occupier? Occupation is based on control and not necessarily on any title or property interest in the land. The question is whether the defendant had sufficient control of the premises to be the person responsible for the safety of visitors. (Wheat v E Lacon) Who is a lawful visitor? Same as common law.
s.2(4)(b) OLA 1957
An occupier is not liable if (i) he had acted reasonably in entrusting the work to an independent contractor and (ii) had taken such steps as he reasonably ought to ensure that the contractor was competent, and (iii) that the work had been properly done.
Occupiers’ Liability Act (OLA) 1984
Prescribed the occupiers’ duty to their unlawful visitors.
s.1(1) OLA 1984
There has to be a danger on the premises
s.1(3) OLA 1984
“A duty arises if 3 separate conditions are satisfied
(a) He is aware of the danger or has reasonable grounds to believe that it exists
(b) He knows or has reasonable grounds to believe that the other (lawful or not) is in the vicinity of the damage concerned or that he may come into the vicinity of the danger
(c) The risk is one against which he may reasonably be expected to offer the other some protection”
s.1(4) OLA 1984
The duty is to take reasonable care to see that another does not suffer injury on the premises because of the danger concerned
