Occupiers Liability Act 1957

Question 1

Occupiers Liability

Answer 1

Duty owed by occupiers to those who come onto their land. Occupier doesn’t have to be the owner.

Question 2

‘Occupiers’

Answer 2

legally responsible for land.

Question 3

Case: Wheat v E.Lacon and Co.Ltd - Occupational Control

Answer 3

C’s husband died in fall while staying in a public house.

POL: Both brewery and managers owed a duty,

Question 4

What can you claim for?

Answer 4

Claim for: Death, personal injury / property damage

Question 5

Section 1 (3)(a)

Answer 5

Premises occupied applies not only to land and buildings but also extends to fixed / moveable structures including any vessel, vehicle or aircraft.

Question 6

Section 2 (2)

Answer 6

Act imposed a common DoC on occupiers to lawful visitors.

Question 7

Common DoC

Answer 7

Take such care as in all the circumstances of the case is
Reasonable to see that visitors will be reasonably safe in premises for the purpose they are there for.

Question 8

Visitors

Answer 8

Adult visitors are those who have been invited or licensed to enter, or who have a statutory right to enter, or have contractual permission.

Question 9

Lawful Visitors

Answer 9

Right to be on the land.

Question 10

Invitees

Answer 10

Invited onto land.

Question 11

Licensees

Answer 11

Have expressed / implied permission.

Question 12

Contract

Answer 12

Paying visitors to watch a film at the cinema (example).

Question 13

Statutory right

Answer 13

e.g. entering to read gas/electric.

Question 14

Implied licence

Answer 14

Repeated trespass and no action taken to stop it.

Question 15

Case: Lowery v Walker - Trespassing

Answer 15

C injured by horse when taking a common shortcut.

POL: Licence implied since D was aware of repeated trespass.

Question 16

Standard of Care

Answer 16

This is of the reasonable occupier (failure to reach the given standard will amount to a breach).

Question 17

Standard may vary in: Section 2 (3)(a)

Answer 17

Section 2 (3)(a) - Occupiers must be prepared for children to be less careful than adults. —> Court takes into account age and level of understanding.

Question 18

Case: Jolley v Sutton - Children

Answer 18

Boys injured playing in a park, trying to repair an abandoned boat.

POL: Council failed to move boat and knew it would attract children.

Question 19

Standard may vary in:
Section 2(3)(b)

Answer 19

Section 2(3)(b) -
A person in the exercise of his calling will appreciate and guard against any special risks ordinarily incident to it.

—> Applies when occupier employs expert to come onto premises. Expert expected to know and protect from dangers.

Question 20

Case: Roles v Nathan - Expert

Answer 20

Chimney sweeps died of carbon dioxide poisoning.

POL: D not liable, C were experts.

Question 21

Warnings and Warning Signs

Answer 21

Occupiers can discharge their duty by giving a warning.

Question 22

Warning Signs; Section 2(4)(a)

Answer 22

Section 2(4)(a) - A warning will not be treated as absolving occupier of liability unless in all circumstances it was enough for visitors to be reasonably safe.
There is no duty to warn against obvious risks.

Question 23

Case: Darby v National Trust - Warnings

Answer 23

C’s husband drowned in a pond used for paddling/swimming - D did not prevent this.

POL: Risk was obvious, D did not have to warn.

Question 24

Independent Contractors

Answer 24

Section 2 (4)(b) - Occupier not liable for dangers created by IC if occupier acted reasonably in all circumstances, took reasonable steps to satisfy themselves that work was done well and completely.

Question 25

Cases: Bottomley v Todmorden Cricket Club - IC

Answer 25

C was injured at a firework display held on D’s land run by a contractor.

POL: D liable as did not check contractors insurance, reasonable steps not taken.

Question 26

Volenti non fit injuria

Answer 26

s(2)(5) Common DoC does not impose an obligation on occupiers risks willingly accepted by a visitor.

Question 27

Contributory Negligence

Answer 27

Damages reduced under Law Reform Act 1945, visitor fails to take reasonable care.

Question 28

Exclusion of liability

Answer 28

s(2)(1) allows occupiers to extend, restrict, exclude or modify their duty to visitors.