Occupiers liability- lawful visitors

Question 1

What are the 2 forms of occupiers liability?

Answer 1

Liability for lawful visitors
Liability for trespassers

Question 2

What are the 5 requirements that need to be satisfied for a claim as a lawful visitor?

Answer 2

1)Defendant is an occupier
2)It happened on premises
3)Claimant was a lawful visitor
4)Duty of care is owed
5)There are Exceptions

Question 3

Who classes as an occupier?

Answer 3

Wheat v Lacon - More than one person can be an occupier.
Harris v Birkenhead- You don’t have to be in occupation to be an occupier
Bailey v Arms - If no one is in control of the premises then there doesn’t have to be an occupier.

Question 4

Definition of premises

Answer 4

S.1(3) Occupiers liability act 1957 - any fixed or moveable structure including a vessel, vehicle or aircraft.

Question 5

Who are ‘lawful visitors’?

Answer 5

Invitees - People invited to enter who have express permission to be there.
Licensees - People who have express or implied permission to be on the land for a set period of time.
Statutory right- Those with a statutory right (eg: Police officers)
Contractual permission - A person who has brought permission to enter.

Question 6

What is the common duty of care owed to adult visitors?

Answer 6

S.2 Occupiers liability act 1957 says take reasonable care to keep a visitor reasonably safe (Laverton)

Question 7

What are the 2 exceptions for different types of lawful visitors?

Answer 7

Children
Tradespeople

Question 8

Exception 1 - children

Answer 8

S.2(3)(a) states occupiers should be prepared for children to be less careful than adults, especially with allurements (Glasgow). However defendant’s can reasonably expect parents to watch out for young children (Phipps) and if something is foreseeable as an allurement then the parents must protect against it (Jolley)

Question 9

Exception 2 - Tradespeople

Answer 9

s.2(3)(b)OLA - Defendants can expect tradespeople to be aware of the risks involved in their own work (Roles v Nathan)

Question 10

Can the defendant avoid liability for the actions of an inependent contractor?

Answer 10

Yes if:
1) It was reasonable to give the work to a specialist contractor (Haseldine)
2) The contractor is competent and qualified (Bottomley)
3) The occupier checked the work of the contractor and the risk was not obvious (Woodward)