Occupiers Liability - Lawful Visitors (P2)

Question 1

What statute is Occupiers Liability Lawful Visitors governed by?

Answer 1

Occupiers’ Liability Act 1957

Question 2

What is an occupier?

Answer 2

Anyone who controls the premises

Question 3

What is a premises?

Answer 3

Any land and any buildings on the land. Includes any fixed or moveable structure; sheds, bridges, scaffolding, vehicle or aircraft

Question 4

When may a duty arise?

Answer 4

When the premises is in a dangerous state or if things are done or omitted to them.

Question 5

What level of care is an adult lawful visitor owed?

Answer 5

A common duty of care. Section 2,2 of OLA 1957 states that the occupier is expected to ‘take such care in all the circumstances as is reasonable to see that the visitor is reasonably safe in using the premises for the way in which he was invited’. The occupier only needs to make them reasonably safe. Laverton v Kiapasha Takeaway.

Question 6

What level of care is a child lawful visitor?

Answer 6

A greater duty of care. Occupiers must be prepared for children to be less careful than adults. Glasgow Corporation v Taylor. When deciding what precautions the occupier has a right to expect parents to take appropriate care of young children.

Question 7

What level of care are specialist visitors owed?

Answer 7

A lower duty of care. An occupier may expect a specialist visitor to be aware of and protect against risks, Roles v Nathan.

Question 8

Is the occupier expected to use warning notices?

Answer 8

Yes, such as warning signs, locked doors, fences. They have to be effective, Rae v Marrs.