Occupiers Liability (Paper 2)

Question 1

What is meant by Occupiers Liability?

Answer 1

Where the claimant is injured whilst on the defendant’s land

Question 2

Which Act would a lawful visitor claim under?

Answer 2

The Occupiers Liability Act 1957

Question 3

What does section 2(1) OLA 1957 state?

Answer 3

The occupier of premises owes a common duty of care to visitors

Question 4

Occupier was defined by which judge in which case?

Answer 4

Lord Denning in Wheat v Lacon

Question 5

Which test did Lord Denning use to define occupier?

Answer 5

The sufficient control test

Question 6

What is the definition of occupier?

Answer 6

A person who has a sufficient degree of control over premises that they ought to realise that any failure on their part to use care may result in injury to a person

Question 7

Apart from defining occupier, what else did Wheat v Lacon establish?

Answer 7

That there can be multiple occupiers of the same premises

Question 8

What is the definition of visitor?

Answer 8

Anyone who is invited or permitted to be on the land, express or implied

Question 9

What is the definition of premises under section 1(3)(a)?

Answer 9

Any fixed or moveable structure, including any vessel, vehicle, and aircraft

Question 10

What does section 2(2) say about a common duty of care?

Answer 10

The occupier has a duty to take reasonable steps to ensure that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted to be there

Question 11

Which case held that the injury must be due to the state of the premises and not the activities of the visitor

Answer 11

Darby v National Trust

Question 12

What does it mean by the occupier must act reasonably?

Answer 12

Have they done or not done what a reasonable would have done or not done, and the duty is only owed in respect for the purpose for which the visitor is permitted to be on the premises

Question 13

What does section 2(3)(a) say about a duty owed to children

Answer 13

An occupier must be prepared for children to be less careful than adults as they may not see the dangers or appreciate the risks, therefore a higher duty is owed to children

Question 14

What was the decision in Glasgow Corporation v Taylor

Answer 14

An occupier should guard against any kind of allurement that places the child visitor at risk

Question 15

Which case held that very young children should be supervised by parents and so occupiers may not be liable

Answer 15

Phipps v Rochester Corporation

Question 16

What does section 2(3)(b) say about a duty owed to experts

Answer 16

An occupier may expect that an expert will ‘appreciate and guard against risks that are in the exercise of their calling’

Question 17

What does section 2(4)(b) say about negligence of independent contractors

Answer 17

The occupier will not be liable for loss or injuries suffered by visitors when the cause of damage is the negligence of an independent contractor if two conditions are met

Question 18

What is the first condition in which an occupier will not be liable for the negligence of an independent contractor?

Answer 18

It must have been reasonable for the occupier to have entrusted the work to the independent contractor

Question 19

What is the second condition in which an occupier will not be liable for the negligence of an independent contractor?

Answer 19

The occupier must have taken reasonable steps to satisfy themselves that the contractor was competent and that the work was properly done

Question 20

What was held in Haseldine v Daw?

Answer 20

If the work is of a complex or technical nature it is less reasonable to impose an obligation and there is less the occupier has to do to make sure the task is done

Question 21

How can an occupier discharge their duty?

Answer 21

Through warning signs or consent

Question 22

What does the law say about warning signs?

Answer 22

They must be sufficient to enable the visitor to be reasonably safe, so consider how effective the warning sign is

Question 23

Which case held there is no specific obligation to display a warning when the danger is one that should be obvious to any visitor?

Answer 23

Cotton v Derbyshire Council

Question 24

Why can an occupier discharge their duty through consent?

Answer 24

Because the visitor willingly accepts the risks

Question 25

Which Act would a trespasser claim under?

Answer 25

The Occupiers Liability Act 1984

Question 26

What was the decision in British Railway Board v Herrington?

Answer 26

An occupier will owe a duty of ‘common humanity’ to trespassers, meaning the can’t deliberately injure or set traps for them

Question 27

What does section 1(1) OLA 1984 state?

Answer 27

A duty is owed to trespassers for injuries caused by a danger due to the state of the premises

Question 28

Section 1(3) sets out three conditions in which an occupier will owe trespassers a duty of care. What is the first condition under section 1(3)(a)?

Answer 28

The occupier is aware of the danger or has reasonable grounds to believe that it exists

Question 29

What is the second condition under section 1(3)(b)?

Answer 29

The occupier knows or has reasonable grounds to believe that someone is in the vicinity of the danger

Question 30

What is the third condition under section 1(3)(c)?

Answer 30

The risk is serious enough that the occupier may reasonably be expected to offer some protection against it

Question 31

When will an occupier have breached their duty towards a trespasser?

Answer 31

When they have not taken reasonable care to see that the trespasser does not suffer personal injury

Question 32

What does section 1(5) OLA 1984 say about warnings?

Answer 32

An occupier may discharge their duty by taking reasonable steps to give warning of the danger or to discourage people, and the emphasis is on making the trespasser aware of why they shouldn’t come onto the premises

Question 33

What is the rule regarding child trespassers?

Answer 33

They may not necessarily be expected to take notice of warning signs, therefore greater steps may need to be taken by the occupier