Paper 2.8 - Occupier's Liability

Question 1

What are the two Occupier’s Liability Acts?

Answer 1

Occupier’s Liability Acts 1957 and 1984.

Question 2

What is the definition of an occupier and what case defines this?

Answer 2

Someone who is in control or possession of the premises.
Wheat (1996)
D rents out pub rooms; C falls down the stairs of the pub. House of Lords decided that manager and employees were occupiers. There can be multiple occupiers.

Question 3

What is the definition of premises and what act / case defines it?

Answer 3

Occupier’s Liability Act 1957 s1(3)(a)- ‘fixed or moveable structure.’
Tomlinson (2004) - including lakes.

Question 4

Name two examples of lawful visitors.

Answer 4

Contractual obligation / work.
Invitation / shopper.
Authority / police.

Question 5

Under OLA 1957, a lawful adult visitor must be kept what? What section is this?

Answer 5

Section 2(2): ‘Reasonably safe in using the premises for the purpose of which they have been invited.’

Question 6

What is the case example for adult visitors being kept ‘reasonably safe’ under OLA 1957?

Answer 6

Laverton (2002)
C slips on the floor of D’s takeaway shop and breaks her ankle. D has anti slip floors and had just finished mopping away water from a storm. D was not liable as they took reasonable care of C.
OR
Rochester Cathedral (2016)
C tripped on a lump of concrete on the pavement outside of Rochester Cathedral. D was not liable as no occupier could keep the ground completely safe.

Question 7

What does the OLA 1957 say about lawful visitors that are children and which section says this?

Answer 7

Section 2(3): ‘You must be prepared for children to be less careful than adults’.

Question 8

Under the OLA 1957, what are the two case examples of children who are lawful visitors?

Answer 8

Taylor (1922)
7 y/o died to eating poisonous berries from shrubs in a public park; council were liable.
AND
Phipps (1955)
5 y/o injured by falling down a trench without adult supervision. Council weren’t liable as the parents should have taken greater care.

Question 9

Under OLA 1957, what responsibility does the occupier owe to tradespeople and what section states this?

Answer 9

Section 2(3)(b): Occupier owed a duty of care to risks tradespeople would not know about - however, tradespeople must guard against the special risks of the job (eg chimney sweep bringing a mask).

Question 10

Under OLA 1957, what is the case example for tradespeople guarding against special risks?

Answer 10

Roles v Nathan (1963)
Chimney sweep failed to bring a mask to protect from carbon monoxide in the chimney despite occupier warning. Not liable.

Question 11

Under OLA 1957, if c is harmed by an independent contractor then the occupier may have a defence. What three conditions are required to fulfil this defence?

Answer 11

Must be reasonable for D to contract the work out.
Contractor must be competent.
D must check the contractor did their work properly.

Question 12

Under OLA 1957, what sections and cases link to the following about independent contractors:
1. Reasonable to contract the work.
2. Contractor must be competent.
3. D must check the contractor’s work.

Answer 12

1. s2(4)(a) - Haseldine. (Lift failure)
2. s2(4)(b) - Bottomley. (Cricket fireworks)
3. s2(4)(c) - Woodward. (Slippery school steps)

Question 13

What happens in Haseldine, one of the case studies for occupiers hiring out independent contractors?

Answer 13

C is killed when a lift falls to the bottom of its shaft. D is not liable as they require an independent contractor to fix the life.

Question 14

What happens in Bottomley, one of the case studies for occupiers hiring out independent contractors?

Answer 14

C is injured by pyros at a firework show at a cricket club. Ruled that club was liable for not checking that the pyrotechnics were qualified (they weren’t).

Question 15

What happens in Woodward, one of the case studies for occupiers hiring out independent contractors?

Answer 15

C was injured after slipping on icy school stairs. D was liable because they failed to check the stairs after clearing snow from them.

Question 16

Under OLA 1957, what may a successful claimant claim damages for?

Answer 16

Personal injury and/or damage to property.

Question 17

For the purposes of OLA 1984, what is a trespasser?

Answer 17

A person who has no permission to be on a property or goes beyond their permission on the property.

Question 18

Under OLA 1984, an occupier owes a duty of care to trespassers. Describe this duty of care and state the section of the Act this comes from.

Answer 18

s1(1)(a): injury on the premises by reason of any danger due to the state of the premises.
In other words, occupiers are only responsible for injuries caused by the state of their premises.

Question 19

Under OLA 1984, there are three conditions which are required for an occupier to owe a duty of care. State these conditions and the section of the act that applies to them.

Answer 19

s1(3)(a): Occ. is aware of the danger / has grounds to believe a danger exists.
s1(3)(b): Occ. knows / has grounds to believe people come into the danger’s vicinity.
s1(3)(c): The risk is one that they are expected to offer protection.

Question 20

Under OLA 1984, the occupier must be aware of the danger or have reasonable grounds for its existence to be liable. What is the case example of this?

Answer 20

Rhind
C, a trespasser, was injured jumping into a lake by a submerged glass container. Occupier was not liable as they were unaware / had no grounds to know of any danger.

Question 21

Under OLA 1984, the occupier must be aware of people in the danger’s vicinity to be liable. What is the case example of this?

Answer 21

Higgs
C, a trespassing police officer, falls into D’s inspection pit and gets injured. Occupier had no reason to suspect anyone would be in his garage so was not liable.

Question 22

Under OLA 1984, the risk a premises poses must be one the occupier could do something about, in order for the occupier to be liable. What is the case example of this?

Answer 22

Tomlinson
C is injured swimming in a council owned lake. There were signs in place which warned against swimming but no fence. Occupiers were not liable as it would have been expensive to fence off the whole lake.

Question 23

Under OLA 1984, the occupier may not need to protect against dangers that are what? What section of the Act does this come from?

Answer 23

s1(4): Occupier must take such care as reasonable in the circumstances.
In other words, occupiers do not need to protect against obvious dangers.

Question 24

Under OLA 1984, the occupier must take such care as reasonable in the circumstances. What is the case example of this?

Answer 24

Ratcliff
C trespassed into a pool and is injured while diving in. Since the danger was obvious, the occupiers were not liable for his injuries.
OR
Coventry
C climbed and fell off a fire escape door. Occupiers were not liable as the state of the premises had nothing to do with C’s injury.

Question 25

How are child trespassers treated under OLA 1984? What is the case example of this?

Answer 25

Child trespassers are treated the same as adults.
Coventry
C climbed and fell off a fire escape door. Occupiers were not liable as the state of the premises had nothing to do with C’s injury.

Question 26

Under OLA 1984, what may a successful claimant claim for?

Answer 26

Personal injury.

Question 27

What are the four categories of defences for OLA claims?

Answer 27

Consent, s1(6) OLA 1984.
Warning signs, s1(5) OLA 1984.
Exclusion clauses (except for death and serious injury).
Contributory negligence.

Question 28

Name three evaluation points for OLA 1957.

Answer 28

No statutory definition for occupier.
Reasonably safe: fairer than completely, but subjective.
Children: recognises children need more care but increases responsibilities on parents.

Question 29

Name three evaluation points for OLA 1984.

Answer 29

Should trespassers have any rights?
In practice, most trespassers aren’t awarded damages; useless law.
Children and adults are treated the same; unfair?