Occupiers Liability Flashcards
What duty of care is owed to a visitor?
To take such care as is reasonable in all circumstances to ensure the visitor is reasonably safe for the reason they used the premises
Who is an occupier? Can there be multiple occupiers of one premises?
Someone who has a sufficient degree of control over a premises.
There can be multiple occupiers of one premises, i.e. if someone is fixing a shelf and has cordoned off an area, they are the occupier of that area.
Who is a visitor?
Someone who has express or implied consent to be on the premises for a certain reason, e.g.:
House guest - express consent
Postman - implied consent
What are considerations when considering ‘reasonable steps’ for the reasonable safety of a visitor?
Nature of the danger (extent of injury or risk);
purpose of visit;
practicability to avoid the danger;
any warning of danger;
type of visitor.
Which two categories are specifically mentioned in the 1957 act as requiring special treatment?
(i) Child visitor - a higher duty of care is owed to a child visitor (expectation of parental responsibility could mitigate this);
(ii) Skilled visitor - a lower duty of care is owed to a skilled visitor (for dangers associated with their skill, normal otherwise)
How can an occupier ‘escape’ their breach?
By placing an adequate warning which clearly notes the danger and allows the visitor to be reasonably safe.
An inadequate notice will not escape this breach.
How can an occupier discharge their duty of care through an independent contractor?
The occupier must have acted reasonably in:
- trusting the contractor;
- had taken reasonable steps to ensure the contractor was competent;
- had taken reasonable steps to ensure the work was properly done.
What is ‘reasonable’ depends on the nature of the work done. E.g. less expected to check if engineering work is done properly, higher expectation to check cleaning work is done properly
What are the defences to occupiers’ liability claims (visitor)?
(i) Consent (e.g. ignoring a clear sign saying the exact danger);
(ii) Exclusion of liability;
(iii) Contributory negligence
Who is a trespasser?
Can become a trespasser by:
(i) going to a part of a premises where their permission does not extend; or
(ii) by doing something outside the scope of their permission
When is a duty of care owed to a trespasser?
When:
(i) occupier is aware of the danger/has grounds to believe it exists;
(ii) know/has grounds to know the trespasser may come within the vicinity of the danger;
(iii) is reasonably expected to offer protection against the risk
After the initial conditions are satisfied, when is it ‘reasonable’ to impose the duty?
Considers:
the nature and extent of the risk;
the type of trespasser (E.g. adult or child, deliberate or accidental);
the cost and practicality of precautions
What limits the scope of
liability to a trespasser?
It is limited to the state of the premises;
i.e. if it isn’t inherently dangerous, but the claimant’s conduct made it dangerous, it is limited.
Also, not from an activity of the occupier, can a duty be owed.
What is the duty of care owed to a trespasser?
To take such care as is reasonable in all circumstances to ensure the trespasser doesn’t suffer injury.
