Occupiers liability act 1957

Question 1

statutory framework

Answer 1

occupiers liability refers to the duty owed by occupiers to visitors when they come onto their land

Question 2

lawful visitors

Answer 2

invitees under s1(2) those who have express permission to be there liscencees under s1(2) those who have expressed or implied permission to be on the premises

Question 3

common duty of care

Answer 3

the occupier must take care that under all circumstances the visitor is reasonably safe on the premises for the purpose they are permitted by the occupier to be there

Question 4

children

Answer 4

unders s2(3)(a) an occupier must be prepared that children will be less mindful than adults

Question 5

experts

Answer 5

under s2(3)(b) this is where an occupier employs an expert to come on to the premises and undertake work. the expert must be notified of any potential danger that may arise from and in relation to his work

Question 6

warnings and warning signs

Answer 6

an occupier may be able to absolve their liability towards visitors by providing a warning of the danger. however, under s2(4)(a) a warning in and of itself will not absolve an occupier of their liability unless in all circumstances it was enough to keep the visitor reasonable safe . WHEN THERE IS AN OBVIOUS RISK THERE IS NO DUTY TO WARN.

Question 7

indépendant contractors

Answer 7

under s 2(4)(b) an occupier is not liable for damages created by independent contractors if he did the following: 1)acted reasonably in all circumstances in entrusting the independent contractor with the work 2) took reasonable steps to ensure the work was done properly and the contractor was competent

Question 8

volenti non fit injuria

Answer 8

the common duty of care does not impose liability on the occupier for risks willingly affected by the visitor

Question 9

contributory negligence

Answer 9

damages may be reduced under the law reform act 1945 if the visitor fails to take reasonable care for their own safetey

Question 10

wheat v Lacon

Answer 10

both the brewery and the managers owed a duty of care

Question 11

jolly v sutton

Answer 11

the council had failed to move a boat which was in a park which they knew would be attractive to children

Question 12

roles v Nathan

Answer 12

d was not liable as cs were experts

Question 13

Darby v national trust

Answer 13

no duty to warn as risk was obvious

Question 14

bottomley v todmorden

Answer 14

d was still liable as they had not checked the contractors insurance and therefore had not taken reasonable steps

Question 15

white lion hotel v James

Answer 15

a visitors freely chosen risk does not necessarily negate an occupiers liability