Occupiers Liability Act 1957 Flashcards
What does occupiers liability mean?
The duty owed by occupiers to those who come onto their land.
What is an occupier
An occupier is someone who lives in or uses a piece of property/land. For example a tenant.
S 1 (3) (a) says that the occupied premises can be…
Land and buildings, vessels, aircraft and vehicles.
s 2(2) says? (hint: imposes a common duty of care on occupiers to lawful visitors)
‘The common duty of care is to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there’
What type of damages are claimable under the Occupiers Liability Act 1957?
Death, personal injury and property damage.
Give three examples of lawful visitors and the section in the Occupiers Liability Act 1957..
Invitees - s 1(2) - invitation not exceeded
Licensees - s 1(2) - License implied at common law
Those who enter to pursue a contract - s 5(1) - visitors who have paid to watch a film
Why can gas meter readers enter your property?
Because they are exercising a statutory right - s 2(6)
When is there implied license at common law?
When there is repeated trespass and no action taken by occupier to prevent it. Lowery v Walker
When are courts more likely to imply a license in common law.
When there is something attractive on the land to draw people in. Taylor v Glasgow city council
What is the standard of care?
Reasonable occupier (failure to reach will amount to a breach)
When does the standard of care vary?
S 2(3)(a) - Occupier must be prepared for children to be less careful than adults - Jolley v Sutton S 2(3)(b) - Occupier may expect that an expert will appreciate and guard against any special risks ordinary to the job. e.g roofer. Roles v Nathan
What may a warning do?
It may discharge an occupier of their duty (reach standard of a reasonable occupier).
When will a warning absolve the occupier of liability?
s 2(4)(a) If in all circumstances it was enough to enable the visitor to be reasonably safe.
Is there a duty to warn about all risks?
No duty to warn about obvious risks. - Darby v National trust
Are occupiers liable for dangers created by independent contractors? What are the two points?
s 2(4)(b) - Not liable if the occupier: Acted reasonably in all circumstances in entrusting work to the contractor, and Took reasonable steps to satisfy themselves that the work carried out was properly done and the contractor was competent.
What is volenti non fit injuria?
It is a defence.
Under s 2(5): the common duty of care does not impose an obligation on occupiers in respect of risks willingly accepted by visitor.
What is Contributory Negligence and how does it apply to occupiers liability?
Is a defence.
Damages may be reduced under the Law Reform Act 1945 where visitor fails to take reasonable care of their own safety.
What is exclusion of liability?
s 2(1): it allows occupier to extend, restrict, exclude or modify their duty to visitors, so far as they are allowed to do so.
Lowery v Walker
Injured by horse when using common shortcut.
Implied license through repeated trespass.
Taylor v Glasgow City Council
Child poisoned by berries in park.
They were liable: Knew children would be there and knew berries were poisonous.
Roles v Nathan
Chimney sweeps died of carbon dioxide poisoning.
No liability as claimants were experts
Jolley v Sutton
Boys injured attempting to repair boat in park.
Council didn’t move boat and knew it would be attractive to children
Darby v National Trust
Drowned in a pond. D’s took no step to stop it.
Risk was obvious, did not need to give warning
Bottomley v Todmorden Cricket Club
Injured at firework display ran by contractor.
D was still liable as they had not checked insurance and therefore were not reasonable occupier.
