Occupiers' Liability - Visitors

Question 1

Occupiers’ Liability - Visitors:

OLA 1957

Answer 1

Occupiers Liability Act 1957

Question 2

Occupiers’ Liability - Visitors:

s.2(2) OLA 1957

Answer 2

Under s.2(2) OLA 1957, the occupier owes a duty to take such care as is reasonable in all the circumstances to see that the visitor is reasonably safe in using the premises for the purpose for which he is permitted to be there.

Question 3

Occupiers’ Liability - Visitors:

Duty of care

Answer 3

C must show:

1. C has suffered loss due to state of premises
2. D is an occupier
3. C is a visitor

Question 4

Occupiers’ Liability - Visitors:

s.1(3)(a) OLA 1957

Answer 4

Broad definition of premises - open land; fixed and movable structures (includes vessels, vehicles)

Question 5

Occupiers’ Liability - Visitors:

If claimant is injured due to naturally occurring features (eg rabbit holes)…

Answer 5

…his injuries may not have been due to ‘the state of the premises’.

Question 6

Occupiers’ Liability - Visitors:

Wheat v E Lacon

Answer 6

An occupier is anyone with a ‘sufficient degree of control over the premises’. This includes:

• someone other than owner;
• multiple individuals; and
• independent contractor if they have required degree of control over area working in

Question 7

Occupiers’ Liability - Visitors:

A C Billings

Answer 7

Where a contractor is NOT an occupier, may still be liable for Negligence

Question 8

Occupiers’ Liability - Visitors:

s.1(2) OLA 1957

Answer 8

Anyone with express or implied permission to be there is a visitor

Question 9

Occupiers’ Liability - Visitors:

s.2(6) OLA 1957

Answer 9

Someone in exercise of a legal right could have implied permission to be there (ie fireman)

Question 10

Occupiers’ Liability - Visitors:

s.5(1) OLA 1957

Answer 10

Someone on the property under terms of contract may have implied permission to be there

Question 11

Occupiers’ Liability - Visitors:

Visitor exceeding permission

Answer 11

If C has exceeded his permission, he becomes a trespasser

Question 12

Occupiers’ Liability - Visitors:

s.2(2) OLA 1957 (test for breach of duty)

Answer 12

The defendant will have breached the duty of care owed to the claimant if his conduct fell below the standard of a reasonable occupier’

Question 13

Occupiers’ Liability - Visitors:

Factors to consider for whether there has been a breach

Answer 13

1. Nature of danger
2. Purpose of visit; and
3. How long danger had been on premises

Question 14

Occupiers’ Liability - Visitors:

s.2(3)(a) OLA 1957

Answer 14

Children are owed a higher standard of care

Question 15

Occupiers’ Liability - Visitors:

s.2(3)(b) OLA 1957

Answer 15

Visitors coming to exercise their skills are special visitors.
Occupier can expect these visitors to appreciate and safeguard against risks that are incident to their job (but must be linked to job)
Roles v Nathan

Question 16

Occupiers’ Liability - Visitors:

Warning Notices

Answer 16

Warning notices will amount to compliance with, and will discharge an occupier’s common duty of care (if it meets conditions)

Question 17

Occupiers’ Liability - Visitors:

s.2(4)(a) OLA 1957

Answer 17

A warning needs to be sufficient to enable the visitor to be reasonably safe

Question 18

Occupiers’ Liability - Visitors:

Factors to consider for warning notice

Answer 18

Location of notice
How specific notice is
Is danger hidden or obvious?
Who is visitor in question?

Question 19

Occupiers’ Liability - Visitors:

s.2(4)(b) OLA 1957

Answer 19

Occupier will not be liable for injury by faulty work of independent contractors if:

• Occupier acted reasonably in entrusting work to contractor
• Occupier took reasonable steps to check contractor was competent
• Occupier took reasonable steps to check work was completed properly

Question 20

Occupiers’ Liability - Visitors:

Haseldine v Daw and Son

Answer 20

If the work is of a technical nature, cannot reasonably be checked by occupier

Question 21

Occupiers’ Liability - Visitors:

Defences available

Answer 21

1. Consent
2. Contributory Negligence
3. Exclusion of Liability (UCTA + CRA apply)

Question 22

Occupiers’ Liability - Visitors:

s.2(5) OLA 1957

Answer 22

For consent, C must have known of precise risk that caused injury and, as shown by conduct, must have willingly accepted risk

Question 23

Occupiers’ Liability - Visitors:

s.2(1) OLA 1957

Answer 23

D may rely on an exclusion notice to escape liability

Question 24

Occupiers’ Liability - Visitors:

White v Blackmore

Answer 24

An exclusion notice is valid if:

1. It is clearly worded; and
2. Reasonable steps are taken to draw visitor’s attention to notice