Occupiers Liability

Question 1

General definition

Answer 1

It is the legal responsibility of an occupier for damage cause by the state of the premises

Question 2

Two main statutes are

Answer 2

Occupiers Liability Act 1957 which applies to lawful visitors

Occupiers Liability Act 1984 which applies to unlawful

Question 3

Common element 1

Answer 3

D must be an occupier

An occupier is someone with enough control over the premises - Wheat v Lacon

Question 4

Common element 2

Answer 4

The defendant must be an occupier of ‘premises’

No defenition but S1(3)(a) of 1957 Act refers to having an occupation or control of “land buildings, as well as a fixed or movable structure including vessel, vehicle or aircraft

Question 5

Element 3 for OLA 1957

Who is a lawful visitor ?

Answer 5

Invitees -

Licenses -

Anyone with contractual permission -

Anyone with a statutory right of entry -

Question 6

Element 4 for OLA 1957 When is duty owed?

Answer 6

S(2)(1) says that an occupier of premises owea the same duty, the common duty of care to all his lawful visitors