Occupiers Liability - Lawful Visitors

Question 1

What is the statute for occupiers liability?

Answer 1

Occupiers Liability Act 1957

Question 2

Who is an occupier?

Answer 2

Anyone who controls the premises, Wheat v Lacon

Question 3

What is a premise?

Answer 3

Any land or building on the land, S1(3) includes and fixed or movable structure

Question 4

When may a duty arise?

Answer 4

The dangerous state of the premise or things done or omitted to be done on them.
Visitor must have implied or express permission

Question 5

What is an adult lawful visitor owed?

Answer 5

A common duty of care, s2(2) take such care in all the circumstances as is reasonable to see that the visitor is reasonably safe in using the premises for the reason he was invited’

Occupier does not need to keep visitor completely safe - Laverton v Kiapasha Takeaway

Question 6

What are child visitors owed?

Answer 6

A higher duty of care s2(3)a occupier must be prepared for children to be less careful than adults and occupier should guard child from risk of harm, Glasgow v Taylor

Parents should take care of children, Phipps v Rochester

Question 7

What are specialist visitors owed?

Answer 7

Lowe duty of care, s2(3)b states an occupier may expect a specialist visitor to protect himself from risks within his specialisation, Roles v Nathan.

Question 8

What must be proven for damage?

Answer 8

• is the damage too remote?
• but for test
• take victim as you find them

Question 9

What are the defences available to d?

Answer 9

• Warning notices - s2(4) - occupier can carry out duty by using warning signs, can be a locked door or fence, Stapes v West Dorset
• Contributory negligence - did the claimant contribute to their own loss
• consent - S2(5) occupiers owe no duty when claimant willingly accepts risk

Question 10

What remedy is available?

Answer 10

Damages for personal injury and damage to property