Occupiers Liability (Paper 2) Flashcards
What is meant by Occupiers Liability?
Where the claimant is injured whilst on the defendant’s land
Which Act would a lawful visitor claim under?
The Occupiers Liability Act 1957
Which Act would a trespasser claim under?
The Occupiers Liability Act 1984
What does section 2(1) OLA 1957 state?
The occupier of premises owes a common duty of care to visitors
Occupier was defined by which judge in which case?
Lord Denning in Wheat v Lacon
Which test did Lord Denning use to define occupier?
The sufficient control test
What is the definition of occupier?
A person who 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
Apart from defining occupier, what else did Wheat v Lacon establish?
That there can be multiple occupiers of the same premises
What is the definition of visitor?
Anyone who is invited or permitted to be on the land, express or implied
What is the definition of premises under section 1(3)(a)?
Any fixed or moveable structure, including any vessel, vehicle, and aircraft
What does section 2(2) say about a common duty of care?
The 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
Which case held that the injury must be due to the state of the premises and not the activities of the visitor
Darby v National Trust
What does it mean by the occupier must act reasonably?
Have they done or not done what a reasonable would have done or not done, and the duty is only owed in respect for the purpose for which the visitor is permitted to be on the premises
