Occupiers summery

Question 1

What is the definition of occupiers liability ?

Question 2

What statute governs lawful visitors ?

Answer 2

the Occupiers’ Liability Act 1957. S.2(1) of the Act states that the occupier owes a lawful visitor a common duty of care

Question 3

What is an lawful adult visitor owed under the occupiers liability act 1957?

Answer 3

• A common duty of care under s2(1)

Question 4

What does s,2(2) say about the premises ?

Answer 4

s.2(2) state that the occupier must make sure that the premises is reasonably safe
- This does not mean completely safe but it must be reasonable
ie in the case of Kiapasha

Question 5

What case reinforces the idea that the occupier needs to make the premises reasonably safe ?

Answer 5

Laverton v Kiapasha - courts accepted that the premises did not have to be reasonably safe

Question 6

What is the statute that governs liability towards lawful child visitors ?

Answer 6

• Although the occupier must owe a child on the premises the common duty of care under S.2(3) the occupier owes a special duty to be prepared for children to be less careful than adults which means that the premises must be reasonably safe for a child at that age

Question 7

What did the case of Glasgow Corporation v Taylor suggest about children ?

Answer 7

The case of Glasgow v Taylor showed that the courts understand that liability should also be placed on parents especially if there chid is young

Question 8

What is the statute that governs trades people under the occupiers liability act ?

Answer 8

• Occupier owes the tradesman a common duty of care
• Under .2(3)(b) of the 1957 Act, an occupier will not be liable where tradesmen fail to guard against risks which they should know about or be expected to know about.

Question 9

Name a case that shows the liability of the tradesman

Answer 9

• Roles v Nathan - The occupiers were not liable because the trademan should have known the risks of there own trade

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Question 10

What statute governs occupiers liability regarding independent contractors ?

Answer 10

Under s.2(4) if a visitor is injured due to the negligent work of a tradesman then the occupier has a defence to pass the claim in to the contractor

Question 11

What are the three elements that are needed in order for a independent contractor to be liable ?

Answer 11

1. It must be reasonable for the occupier to have given the work to the independent contractor. and if it is specialist work then the occupier needs to hire a specialist ie Haseldine v Daw and sons
2. The contractor hired must be competent to carry out the task. and the occuoier should have good references and recommendations Bottomly v Todmorden Cricket Club
3. The occupier must check that the work has been done properly Woodward v The Mayor of Hastings

Question 12

What are the defences available for occupier liability ?

Answer 12

• Consent- This is a complete defence where the defendent/ claimant has consented to the risks
• Contributory negligence - This is a partial defence where compensation/ damages will be reduced if the claimant is partly responsible
• Warning notices - omplete defence to a claim of occupiers’ liability. The warning may be oral or written. S.2(4) Occupiers’ Liability Act 1957 says a warning is ineffective unless “in all of the circumstances it was enough to enable the visitor to be reasonably safe.”

Question 13

What part of the OLA governs liability for trespassers ?

Answer 13

OLA 1984

Question 14

What duty of care is owed to trespassers ?

Answer 14

• Traditionally trespassers were owed no duty of care other than occupiers not deliberately or recklessly inflicting injury which can be seen in the case of Addie v Dumbreck
• But in he case of British Rail Board v Herrington there was an establishment of common humanity where a limited duty was owed when the occupier knows of the danger and the likelihood of trespass

Question 15

What case established that common humanity is owed to trespassers ?

Answer 15

rBitish Rail Board v Herrington

Question 16

What is the scope of duty for trespassers ?

Answer 16

S1(1)(a) Occupiers’ liability Act 1984 states a duty applies in respect to people other than lawful visitors

Question 17

Under s.1(3) when will the occupier owe a duty to a trespasser ?

Answer 17

1. He is aware of the danger has reasonable grounds to believe it exists;
2. He knows or has reasonable grounds to believe that the other is in the vicinity of the danger
3. The risk is one against which, in all the circumstances of the case, he may be expected to offer the other some protection.

Question 18

Name the cases that involve adult trespassers.

Answer 18

1. Ratcliff v McConnell - reinforced the concept of obvious danger and the occupier was not liable
2. Donoghue v Folkestone Properties - occupier was not liable

Question 19

What happens when a case involves a child trespasser.

Answer 19

Keown v Coventry Healthcare NHS Trust - Hospital was not liable

Question 20

What does the case of Wheat v E lacon and Cco

Answer 20

This established that there can be more than one occupier

Question 21

What does the case of Harris v Birkenhead corporation ?

Answer 21

• That the person in control of the premises or who is in control of the premises is the occupier