PAPER 2: Section B - Occupiers' Liability Flashcards
What is occupier’s liability?
Occupiers’ Liability Act 1957 (OLA 57) - People who own / occupy a premises owe a duty to keep visitors safe.
Occupiers’ Liability Act 1984 (OLA 84) - May owe duty to trespassers.
What is the difference between a visitor and a trespasser?
What is a lawful visitor?
Someone who has permission to enter (either express or implied)
What is a trespasser?
Someone other than a lawful visitor; he or she has no permission to enter.
What does Wheat v Lacon say about occupiers?
FACTS: D owned the “Golfers Arms” - a public house - and employed a manager to run it. He and his wife lived on the first floor of the premises and, from time to time, took in paying guests who stayed in their private living quarters.
Mr and Mrs Wheat were guests at the pub and one night, Mr Wheat fell down the staircase in the living quarters and was killed. The cause of the fall was attributed to the fact that the handrail was too short, as it did not reach the foot of the stairs.
In addition, the staircase was unlit, as an unknown person had removed the light bulb. The question was whether the brewery company owed a duty to ensure that the handrail was safe and the staircase properly lit. The company would only owe such a duty if they were occupiers. They were obviously occupiers of the public area but did they have sufficient control over the first floor?
HELD: It was held by the House of Lords that they did. This case established that there could be more than one occupier of premises at any one time and in this case, both the brewery and the managers were occupiers.
What counts as a premises?
No full statutory definition of premises except in s.1 (3) (a) of the 1957 Act where there is reference to a person having occupation or control of any ‘fixed or moveable structure, including any vessel, vehicle and aircraft’.
Beside houses, offices, buildings and land, other premises include Ships Vehicles Lift ladder
Who counts as a lawful visitor?
Adult visitors include:
Invitees (A friend being invited to your house)
Licensees
Contractual permission (Season ticket to a game)
Statutory right of entry
Is a adult visitor owed a duty of care? Under what case?
Laverton v Kiapasha Takeaway Supreme - A finding of liability on the part of the Defendant company was reversed on appeal where a judge determined that there had not been a breach of the duty of care under the Occupiers’ Liability Act 1957. The Claimant slipped on excess rainwater which had gathered on the floor of the premises. On appeal it was held that it was not reasonably practicable perfection to expect the owner of the premises concerned to mop up rainwater as it came in. A doormat would not have prevented the excess of water on the floor of the premises. An accident would have been avoided if the customer concerned had taken reasonable care for her own safety
What does the act say about children and duty of care?
The occupier will owe children coming onto the premises the common duty of care, but there is an additional special duty owed to child visitors.
Under s.2(3) of the Occupiers’ Liability Act 1957 the occupier ‘must be prepared for children to be less careful than adults ( and as a result) the premises must be reasonably safe for a child of that age.’
