OL Lawful visitors

Question 1

introduction

Answer 1

The C may be able to claim as a lawful visitor under the Occupiers Liability act 1957

Question 2

Occupiers liability act 1957 s2(1)

Answer 2

the occupier of premises owes “a common duty of care” to visitors

Question 3

occupier

Answer 3

use the sufficient control test, there can be multiple occupiers (Wheat v Lacon)

Question 4

Lord denning in definition of occupier

Answer 4

“Wherever a person 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 5

visitor

Answer 5

anyone who is invited or permitted to be on the land (expressed or implied)

Question 6

premises S.1(3)(a) OLA 1957

Answer 6

“any fixed or moveable structure including any vessel, vehicle and aircraft”

Question 7

common duty of care

Answer 7

occupier owes visitor a CDOC
S2(2) 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 8

common duty of care- DARBY v NATIONAL TRUST

Answer 8

the injury must be due to the state of the premises and not the activities of the visitor

Question 9

stage 2: Breach, occupier must act reasonably

Answer 9

what a reasonable person would have done or not done- duty is only owed in respect of the purpose for which the visitor is permitted to be on the premises

Question 10

side rule: duty owed to children

Answer 10

S2(3)(a)- occupier must be prepared for children to be less careful than adults, might not see dangers or risks, occupier has a higher duty of care

Question 11

allurements

Answer 11

something on occupiers land that is likely to attract children- GLASGOW CORPORATION v TAYLOR- an occupier should guard against any kind of allurement that places a child visitor at risk

Question 12

allurements- PHIPPS v ROCHESTER CORPORATION

Answer 12

very young children should be under their parent’s supervision

Question 13

side rule- Duty owed to experts

Answer 13

S2(3)(b) occupier may expect that an expert will “appreciate and guard against risks that are in the exercise of their calling “

Question 14

Negligence of independent contractors

Answer 14

Section 2(4)(b)- occupier will not be liable for loss or injuries suffered by visitors when the cause of damage is the negligence of an independent contractor hired by occupier if 2 conditions are met

Question 15

Negligence of contractor condition 1

Answer 15

Reasonable for occupier to have entrusted the work to an independent contractor

Question 16

Negligence of contractor condition 2

Answer 16

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

Question 17

Condition 2 HASELDINE v DAW

Answer 17

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

Question 18

How can occupier discharge duty

Answer 18

WARNING SIGNS- (COTTON v DERBYSHIRE COUNCIL) no specific obligation to display a warning when danger is obvious
CONSENT- occupier not liable when visitor willingly accepts risks