Liability of occupiers towards visitors - Occupiers' Liability Act 1957 (Act 1957 - Occupiers’ Liability)- FS Flashcards
(20 cards)
What statutory provision governs an occupier’s duty of care towards lawful visitors?
The Occupier’s Liability Act 1957 governs an occupier’s duty of care towards visitors.
What are the key elements a claimant must prove to succeed under the Occupier’s Liability Act 1957?
The claimant must prove:
- Loss or damage was caused by the state of the premises,
- The defendant is an occupier,
- The claimant was a lawful visitor,
- The occupier failed to take reasonable care for the visitor’s safety.
Who qualifies as a “visitor” under the Occupier’s Liability Act 1957?
A visitor is someone who has express or implied permission to enter the premises, including invitees, licensees, or those lawfully on land for business or social purposes.
What types of loss are recoverable under the Occupier’s Liability Act 1957?
A visitor may claim for personal injury and property damage if caused by the dangerous state of the premises.
What standard of care does the occupier owe under the Occupier’s Liability Act 1957?
The occupier must take reasonable care to ensure that the visitor is safe while using the premises for the purposes for which they are invited.
What does “state of the premises” mean in the context of the 1957 Act?
It refers to the physical condition or structural dangers of the property, such as broken flooring, hazardous objects, or poorly maintained fixtures.
Can an occupier be liable if they were aware of a hazard but failed to address it?
Yes. If an occupier is aware of a danger and fails to take reasonable action to fix or warn about it, they may be liable under the 1957 Act.
Does the Occupier’s Liability Act 1957 impose strict liability on the occupier?
No. The Act imposes a duty to take reasonable care, not strict liability. Liability arises only if the occupier’s conduct falls below the reasonable standard.
Can a visitor recover damages for both injury and damage to personal property under the 1957 Act?
Yes. Both personal injury and damage to property are recoverable if caused by the occupier’s breach of duty under the Act.
What role does foreseeability play in determining breach under the Occupier’s Liability Act 1957?
The occupier must take precautions against foreseeable risks. A failure to act in respect of a foreseeable hazard may amount to a breach of the duty of care.
Is the term “occupier” defined in either the Occupiers’ Liability Act 1957 or 1984?
No. Neither Act defines “occupier,” so the definition must be sourced from case law, particularly Wheat v Lacon.
According to case law, what is the test for determining who is an “occupier”?
An occupier is someone with a sufficient degree of control over the premises to justify the imposition of a duty of care.
In Wheat v Lacon, what was Lord Denning’s clarification about the concept of “control”?
Lord Denning stated that actual physical occupation is not required; rather, what matters is legal or practical control over the premises.
Can there be more than one occupier of a single premises?
Yes. Multiple occupiers can exist if more than one party shares sufficient control, such as a landlord and licensee or owner and contractor.
What is the occupier’s position in a landlord-tenant relationship?
Where the landlord does not reside on the premises, the tenant is the occupier. However, the landlord remains the occupier of retained areas, such as common stairwells or lifts.
What is the status of a landlord who grants a license to occupy part of the property?
The landlord will still be considered an occupier, and will share liability with the licensee where both have control.
Can independent contractors become occupiers for the purposes of the 1957 Act?
Yes. If an independent contractor has sufficient control over part or all of the premises, they can be deemed an occupier.
Who will be liable under the Occupiers’ Liability Act 1957 if both the owner and occupier are aware of a hazard and fail to act?
Both parties may be liable as joint occupiers if they share control and neither discharges the duty of care owed to the visitor.
Does the concept of control in defining an occupier include legal ownership alone?
No. Legal ownership is not enough; functional control over the premises is what gives rise to occupier status.
In what type of arrangement might a property have multiple occupiers under the 1957 Act?
Multiple occupiers may arise in cases involving a landlord and licensee, a landlord with retained areas, or an owner and a construction contractor with control over the site.
