Occupiers Liability - Lawful Visitor

Question 1

Occupiers’ liability lawfully visitors- governed by

Answer 1

Occupiers’ liability act 1957

Question 2

Occupier- the occupier is the person in control of the premises at the time the harm was suffered

Answer 2

(S1(2) Occupier Liability Act 1957)

Question 3

Occupier- an occupier has sufficient degree of control over the premises

Answer 3

Wheat v Lacon

Question 4

Occupier- there can be more than one occupier

Answer 4

Wheat v Lacon

Question 5

Occupier- an occupier doesn’t have to have proprietary interest in the property

Answer 5

Harris v Birkenhead corporation

Question 6

Occupier- sometimes premises will have no occupier

Answer 6

Bailey v Armes

Question 7

Premises- a ‘fixed or moveable structure’ can be a premises

Answer 7

S1(3)(a) Occupiers Liability Act 1957

Question 8

Premises- a ladder is a structure

Answer 8

Wheeler v Copas

Question 9

Premises- a lift is a structure

Answer 9

Haseldine

Question 10

Premises- a vehicles is a structure

Answer 10

Hartwell

Question 11

Premises- a ship in a dry dock is a structure

Answer 11

Horton

Question 12

Lawful visitor- ………….. identifies the following group of lawful visitors: invited people, licensees, entering under contractual agreement or entering under a legal right (police)

Answer 12

S1(2) OLA 1957

Question 13

Lawful visitor- a trespasser can become a lawful visitor, if implied permission is granted for them to be on the land and the occupier is aware of the trespassing but chose to do nothing to prevent it

Answer 13

Lowery v Walker

Question 14

Lawful visitor- if a visitor goes beyond the permission granted to them then they are a trespasser and therefore cannot claim under OLA 1957

Answer 14

The Calgrath

Question 15

Duty of Care- to take reasonable care to keep the visitors reasonably safe

Answer 15

S2(2) OLA 1957

Question 16

Duty of care- doesn’t have a duty of care to keep the visitors completely safe

Answer 16

Laverton v Kiapasha Takeaway Supreme

Question 17

Duty of care- a higher duty of care is required for a child, but the exact amount of care is dependant on the child’s age

Answer 17

S2(3)(a) OLA 1957

Question 18

Duty of care- the D could be liable if a child is injured due to an allurement on the premises

Answer 18

Taylor

Question 19

Duty of care- only be liable if there is a foreseeable risk of injury

Answer 19

Jolley v Sutton LBC

Question 20

Duty of care- if a child is expected to be accompanied onto the occupiers premises by an adult, the D won’t be liable

Answer 20

Phipps

Question 21

Duty of care- a skilled worker is expected to appreciate and guard against any special risks associated with the premises

Answer 21

S2(3)(b) OLA 1957

Question 22

Duty of care- professionals should be aware of the risks associated with the danger and therefore take appropriate precautions

Answer 22

Roles v Nathan

Question 23

Duty of care- D can be liable for the harm caused to a rescuer, if a rescuer acted accordingly in the situation and the need for rescue was caused by the Ds negligence

Answer 23

Ogwo v Taylor

Question 24

Specific defences—Independent Contractor (IC), ………. governs this test

Answer 24

S2(4)(b) OLA 1957

Question 25

(IC)- it was reasonable for the occupier to give the work to the independent contractor

Answer 25

Haseldine v Daw

Question 26

(IC)- the D has to check the credentials of the IC and if not checked the D could be liable/accounatble.

Answer 26

Bottomley v Todmorden Cricket Club

Question 27

(IC)- expected to take reasonable steps to check the worked completed by the independent contractor; if that be by checking it themselves or by getting a professional to check it.

Answer 27

Woodward v Mayor of Hastings

Question 28

Specific defences— Warning Signs (WS), if a D provides warning signs that in all circumstances are enough to enable the visitor to be reasonably safe, if they are effective signs.

Answer 28

S2(4)(a) OLA 1957

Question 29

(WS)- if there is an obvious danger, the D has no duty to warn the visitor

Answer 29

Darby

Question 30

Conclusion— Exclusion Clause; ……….. an occupier can restrict, modify or exclude their duty by agreement or otherwise such as a warning this can be oral or written.

Answer 30

S2(1) OLA 1957

Question 31

Conclusion- view defences and remedies as well as past paragraphs found in books

Answer 31

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