Occupiers Liability Flashcards
What is the sole purpose of the Occupiers Liability Acts 1957 and 1984?
The sole purpose of both Acts is for a person who sustains injury due to defective premises to use the breach as the basis of a civil action.
A breach of either Act is NOT a criminal offence.
What is meant by Occupier?
A person or persons who has sufficient degree of control over premises that he ought to realise that any failure on his part to exercise care may result in injury to a lawful visitor.
Which case formed the definition of ‘Occupier’?
Wheat v Lacon (1966)
What is the common duty of care as established in the Occupiers Liability Act 1957?
The OLA 1957 established a common duty of care to all lawful visitors i.e. a duty to take such care as in all circumstances of the case is reasonable to see that a visitor will be reasonably safe in using the premises for the purposes for which is is invited or permitted by the occupier to be there.
What can an occupier do to try to discharge their duty?
Erect warning notices although to be effective a warning needs to be capable of being understood by the persons who are to be protected, who may include children who cannot read.
Under the Occupiers Liability Act 1984 when does an occupier owe a duty to trespassers?
Occupier knows that trespassers are gaining access
Occupier is aware of a danger or has reasonable grounds to believe it exists
Risk is one against which the occupier may be reasonably expected to offer some protection
