Occupiers Liability Act 1957 Flashcards
Occupiers Liability
Duty owed by occupiers to those who come onto their land. Occupier doesn’t have to be the owner.
‘Occupiers’
legally responsible for land.
Case: Wheat v E.Lacon and Co.Ltd - Occupational Control
C’s husband died in fall while staying in a public house.
POL: Both brewery and managers owed a duty,
What can you claim for?
Claim for: Death, personal injury / property damage
Section 1 (3)(a)
Premises occupied applies not only to land and buildings but also extends to fixed / moveable structures including any vessel, vehicle or aircraft.
Section 2 (2)
Act imposed a common DoC on occupiers to lawful visitors.
Common DoC
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.
Visitors
Adult visitors are those who have been invited or licensed to enter, or who have a statutory right to enter, or have contractual permission.
Lawful Visitors
Right to be on the land.
Invitees
Invited onto land.
Licensees
Have expressed / implied permission.
Contract
Paying visitors to watch a film at the cinema (example).
Statutory right
e.g. entering to read gas/electric.
Implied licence
Repeated trespass and no action taken to stop it.
Case: Lowery v Walker - Trespassing
C injured by horse when taking a common shortcut.
POL: Licence implied since D was aware of repeated trespass.
Standard of Care
This is of the reasonable occupier (failure to reach the given standard will amount to a breach).
Standard may vary in: Section 2 (3)(a)
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.
Case: Jolley v Sutton - Children
Boys injured playing in a park, trying to repair an abandoned boat.
POL: Council failed to move boat and knew it would attract children.
Standard may vary in:
Section 2(3)(b)
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.
Case: Roles v Nathan - Expert
Chimney sweeps died of carbon dioxide poisoning.
POL: D not liable, C were experts.
Warnings and Warning Signs
Occupiers can discharge their duty by giving a warning.
Warning Signs; Section 2(4)(a)
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.
Case: Darby v National Trust - Warnings
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.
Independent Contractors
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.
Cases: Bottomley v Todmorden Cricket Club - IC
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.
Volenti non fit injuria
s(2)(5) Common DoC does not impose an obligation on occupiers risks willingly accepted by a visitor.
Contributory Negligence
Damages reduced under Law Reform Act 1945, visitor fails to take reasonable care.
Exclusion of liability
s(2)(1) allows occupiers to extend, restrict, exclude or modify their duty to visitors.
