Occupiers' Liability Act 1957 Flashcards
What is occupiers’ liability?
Occupiers’ liability concerns the duty of care owed by property owners or those who lease property to those who visit
Who is an occupier?
Anyone who has control of land
In what case was the term occupier defined?
Wheat v Lacon
What is land/premises defined as?
Any fixed or moveable structure including a vessel, vehicle or aircraft
Under what section is land/premises defined?
Section 1(3)
What needs to be established to claim occupiers’ liability under the 1957 Act?
(There’s five)
- Occupier
- Premises
- Lawful Visitor
- Injuries caused by premises
- Duty of care and breach (s.2(2))
- Any defences
How is ‘lawful visitor’ defined?
invitee
liscencee
contractual permission
statutory right
What section defines a ‘lawful visitor’?
Section 2(1)
What is stated in Section 2(2)?
The occupier must take reasonable care to ensure that visitors are reasonably safe whilst on the premises for the purpose that they are there for
What was established in Laverton v Kiapasha Takeaway?
Premises don’t need to be completely safe, occupiers just need to take reasonable care
What was established in Dean of Rochester Cathedral v Debell?
Minor defects are not sufficient enough to impose a duty. There must be a source of danger
What is stated in Section 2 (3) (a)?
The occupier must be prepared for children to be less safe than adults and the premises must be safe for a child that age
What was established in Glasgow Corporation v Taylor?
Anything that is an attraction to children should be protected against
What was established in Phipps v Rochester Corporation?
Children should be under adult supervision
What is stated in Section 2 (3) (b)?
The occupier can expect a tradesman to guard against any risks ordinary to the incident, which they should be expected to know about
What was held in Roles v Nathan?
Chimney sweeps were expected to know about the risks of carbon monoxide and therefore there was no liability
What is stated in section 2(4)?
The occupier can pass liability to an independent contractor for negligent work
What was established in Haseldine v Daw? (Section 2 (4))
Is it reasonable for the occupier to have given the work to the contractor?
What was established in Bottomley v Todmorden County Council? (Section 2 (4))
Is the contractor competent to carry out the task?
What was established in Woodward v Mayor of Hastings? (Section 2(4))
Did the occupier check that the work has been done correctly?
What are the defences to occupiers’ liability?
- Contributory negligence
- Consent
- Warning notices
- Exclusion clauses
- Residential occupier
How are warning notices a defence for the 1957 Act?
Under Section 2(2), warning notices enable a visitor to be reasonably safe, however, the notice must be effective and sufficient
How are exclusion clauses a defence for the 1957 Act?
Under Section 2 (1), The occupier may exclude, modify or restrict duty by agreement
What are the remedies for a successful claim under the Occupiers’ Liability Act 1957?
Compensatory damages
What did Lord Justice Scruton state in the Calgarth?
'’When you invite someone into your house to use the stairs, you do not invite them to slide down the bannisters”
What was held in Lowery v Walker?
Exceeding the implied permission would be trespass
What was held in Woolins v British Celanese?
A warning notice is not sufficient if it is obstructed
What was held in Lowery v Walker regarding repeated visits?
Repeated visits to the property several times with no action taken by the occupier, C may be a lawful visitor
