Occupiers Liability (Paper 2) Flashcards
What is meant by Occupiers Liability?
Where the claimant is injured whilst on the defendant’s land
Which Act would a lawful visitor claim under?
The Occupiers Liability Act 1957
What does section 2(1) OLA 1957 state?
The occupier of premises owes a common duty of care to visitors
Occupier was defined by which judge in which case?
Lord Denning in Wheat v Lacon
Which test did Lord Denning use to define occupier?
The sufficient control test
What is the definition of occupier?
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
Apart from defining occupier, what else did Wheat v Lacon establish?
That there can be multiple occupiers of the same premises
What is the definition of visitor?
Anyone who is invited or permitted to be on the land, express or implied
What is the definition of premises under section 1(3)(a)?
Any fixed or moveable structure, including any vessel, vehicle, and aircraft
What does section 2(2) say about a common duty of care?
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
Which case held that the injury must be due to the state of the premises and not the activities of the visitor
Darby v National Trust
What does it mean by the occupier must act reasonably?
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
What does section 2(3)(a) say about a duty owed to children
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
What was the decision in Glasgow Corporation v Taylor
An occupier should guard against any kind of allurement that places the child visitor at risk
Which case held that very young children should be supervised by parents and so occupiers may not be liable
Phipps v Rochester Corporation
What does section 2(3)(b) say about a duty owed to experts
An occupier may expect that an expert will ‘appreciate and guard against risks that are in the exercise of their calling’
What does section 2(4)(b) say about negligence of independent contractors
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
What is the first condition in which an occupier will not be liable for the negligence of an independent contractor?
It must have been reasonable for the occupier to have entrusted the work to the independent contractor
What is the second condition in which an occupier will not be liable for the negligence of an independent contractor?
The occupier must have taken reasonable steps to satisfy themselves that the contractor was competent and that the work was properly done
What was held in Haseldine v Daw?
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
How can an occupier discharge their duty?
Through warning signs or consent
What does the law say about warning signs?
They must be sufficient to enable the visitor to be reasonably safe, so consider how effective the warning sign is
Which case held there is no specific obligation to display a warning when the danger is one that should be obvious to any visitor?
Cotton v Derbyshire Council
Why can an occupier discharge their duty through consent?
Because the visitor willingly accepts the risks
