Occupiers Liability Act 1957 Flashcards
Occupiers Liability
Occupiers liability concerns the liability of an occupier of land for the loss, injury or damage to property
Definition of occupier
S.1(2) “ In consequence of a persons occupation or control of premises”
(Wheat v E Lacon + CO)
Definition of premises
No statutory definition but in s.1(3)(a) there is reference to “Fixed or moveable structure including any vehicle, vessel or aircraft”
Types of Lawful Visitors
- Invitees s.1(2)
- Licensees s.1(2)
- Contractual Permission s.5(1)
- Statutory / Legal Right of Entry s.2(6)
An occupier of land owes a duty of care to any lawful visitors who suffer harm
S.2(1)
Duty of Care
S.2(2) “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”
The occupier can only guard against the foreseeable
(Laverton v KTS)
S.2(3)
An occupier must keep their premises reasonably safe for a child
More things are dangerous to children
(Maloney v Lambeth)
Occupier is expected to guard against allurements
(Glasgow v Taylor)
Parents should be responsible for their children
(Phipps v Rochester)
Still a child until 18 years old
(Jolly v SBC)
Expert Visitors (workers)
S.2(3)(b) “An occupier should expect any tradesperson / expert to know the risks associated with their job and should be able to protect themselves”
Expert visitor should be able to guard against risks associated with their job
(Roles v Nathan)
Expert should only guard against usual risks
(Ogwo v Taylor)
