Tort law - 4.3 occupiers liability. Flashcards
what is occupiers liability?
- Refers to the duty owed by occupiers to those who come onto their land.
- no requirement for the occupier to be the owner, or for them to
physically occupy the land.
who are the lawful visitors?
- Invitees
S.1(2): Those who have been invited to come onto the land and therefore have express
permission to be there. The invitation MUST NOT be exceeded. - Licensees:
s.1(2): those who have expressed or implied permission to be there - Contractual visitors:
S.5(1): for example, paying visitors (cinema, museum) - Statutory right:
S.2(6): A person entering to read gas/electricity meters
what is Implied licensee at common law?
- where there is repeated trespass and no effort by occupier
to prevent it. - This requires an awareness of trespass and danger – Lowery v Walker [1911]
- Courts are more likely to imply a licence if there is something in the land which is attractive and
acts as an allurement to draw people in
what is duty of care on lawful visitors?
- In s2(2) the act imposes a common duty of care on occupiers to lawful
visitors. - The claimable injury includes death, personal injury and damage to property.
- Under s.1(3)(a), the premises applies not just to land and property but fixed
and moveable structures, such as vehicles, aircrafts and ships
what is the breach of duty of care?
- Standard of care is of the ‘reasonable occupier. outlined in:
- White Lion Hotel v James [2021]: Deceased fell from window of hotel. C argued hotel had breached common duty of care
(s.2 OLA 1957) due to faulty window. D had been 60% contributorily negligent as sat on
window ledge – accepted risk of falling.
what are the two types of standard of care?
1) - S.2(3)(a) – child visitors
Must be prepared for children to take less care than adults
- Court will consider age of child and level of understanding child of
that age should have. - 2) S.2(3)(b) – common calling
An occupier can expect that a person exercising his calling will appreciate and guard against special risks.
EG: expert worker (electrician, plumber).
what are warning signs in OLA 1957?
- may be possible for an occupier to discharge their duty (i.e. reach the standard of a reasonable occupier) by giving a warning of the danger.
- s 2(4)(a) provides that a warning will not be treated as absolving the occupier of liability unless in all
the circumstances it was enough to enable the visitor to be reasonably safe.
what are Dangers arising from independent contractors?
- Under s 2(4)(b), an occupier is not liable for dangers created by an independent contractor
if the occupier:
+ acted reasonably in all the circumstances in entrusting the work to the independent
contractor, and
+ took reasonable steps to satisfy themselves that the work carried out was properly done and the contractor was competent (qualified).
who is a trespasser?
- A trespasser is a person who has no permission or authority to be on the occupiers land.
what is scope of duty?
- Act imposes liability on occupiers with regard to persons other than ‘visitors’.
This includes trespassers (and burglars) and those who exceed their permission.
what is S.1(1) in OLA 1984.
- S1(1) The claim must arise out the state of premises not the dangerous actions of
the claimant.
Key case:
British Railways Board v Herrington (1972)
Revill v Newbery (1996)
what is S.1(3) in OLA 1984.
- S.1(3): he is aware of the danger.
what is Breach of the duty of care in OLA 1984? - S 1(4)
- This is objective, so it will amount to a breach if it is not met.
- Section 1(4): the duty is to take reasonable care under the circumstances
that the other does not suffer injury on the premises because of the danger
concerned. - must be the premises themselves that are dangerous, not the
activity the claimant chooses to engage in
what is the Warnings and warning signs in OLA 1984?
- Under s 1(5), the duty may be discharged (i.e. reach the standard of a reasonable occupier) by giving a warning
or discouraging others from taking the risk.
what is property in OLA 1984 and S 1(8)?
- Section 1(8): death and personal injury are the only
protected forms of damage; - therefore occupiers have no
duty in relation to the property of trespassers.
what are the defences in OLA 1984?
- Volenti non fit injuria - s 1(6): “to a willing person, it is not a wrong” - the common duty of care does not impose an obligation on occupiers
in respect of risks willingly accepted. - Contributory negligence - damages may be reduced
where the trespasser fails to take reasonable care for their own safety.
