Occupiers Liability

Question 1

General definition

Answer 1

legal responsibility of an occupier for damage caused by the state of the premises

Question 2

2 main statutes and who they apply to

Answer 2

Occupiers Liability Act 1957 - lawful visitors
Occupiers Liability Act 1984 - unlawful visitors

Question 3

3 common elements

Answer 3

Occupier
Premises
Lawful visitor

Question 4

What is an occupier + case

Answer 4

Anyone with enough control over the premises (Wheat v Lacon)

Question 5

Define premises + statute

Answer 5

Land and buildings, any fixed or movable structure, including vehicles, vessels and aircraft (S1(3)(a) of 57 Act)

Question 6

Who is a lawful visitor?

Answer 6

Invitees
Licences
Contractual permission
Statutory right of entry

Question 7

Using public rights of way

Answer 7

Do NOT make you a lawful visitor

Question 8

Who is a trespasser?

Answer 8

No permission or permission exceeded

Question 9

57 - when is duty owed

Answer 9

S2(1) - occupier has duty of care to visitors

Question 10

57 - what is duty owed

Answer 10

S2(2) - to keep them reasonably safe in using premises

Question 11

57- Case for what duty is owed

Answer 11

Laverton v Kiapasha Takeaway Supreme

Question 12

57- Occupier doesn’t have to guard against everyday occurrences

Answer 12

Dean and Rochester Cathedral v Debell

Question 13

57- Risk factors

Answer 13

size of risk - miller v jackson
seriousness - paris v stepney
precaution - latimer
benefits - watt v hcc

Question 14

57- occupier must prepare for children to be less careful than adults & premises must be reasonably safe for a child of that age

Answer 14

S2(3)(a)

Question 15

57- Foreseeable that damage may occur

Answer 15

Jolley v Sutton

Question 16

57- must guard against alluring things

Answer 16

Glasgow Corp v Taylor

Question 17

57- Particularly young children - parents responsibility

Answer 17

Phipps v Rochester Corp

Question 18

57- Person carrying out trade should appreciate and guard against any risks incident to it

Answer 18

S2(3)(b)

Question 19

57 - Guard against risks case

Answer 19

Roles v Nathan

Question 20

General defences under 57

Answer 20

volenti
contributory negligence

Question 21

57- specific defences

Answer 21

Exclusion clauses
Warnings
Work by independent contractors

Question 22

57- Exclusion clauses

Answer 22

S2(1) OLA - exclude liability via sign/ticket/term in contract

Question 23

57- exclusion clause difficulties

Answer 23

1- child must be able to understand exclusion
2- s65 Consumer rights act 2015 says traders/business can’t exclude liability for personal injury/death to consumers

Question 24

57- warnings

Answer 24

S2(4)(a) - warning that in all circumstances would enable visitor to be reasonably safe

Question 25

57- warnings case

Answer 25

Rae v Mars

Question 26

57- Work done by independent contractors

Answer 26

S2(4)(b) - occupier NOT at fault if: -reasonable to hire them -ensured they are competent -checked work

Question 27

57- reasonable to hire contractor case

Answer 27

Haseldine v Daw

Question 28

57- ensured they were competent case

Answer 28

Bottomley v Todmorden Cricket Club

Question 29

57- case for checking work was done properly

Answer 29

Woodward v Mayor of Hastings

Question 30

Remedies for 57

Answer 30

Damages for -death/personal injury -property damage

Question 31

84- when is duty owed?

Answer 31

S1(3) -aware of danger -knows person is in vicinity of danger/will be -may be expected to offer protection

Question 32

84- occupier is aware of danger (S1(3)(a) )

Answer 32

Rhind v Astbury Water Park

Question 33

84- knows someone will be in vicinity of danger (S1(3)(b))

Answer 33

Higgs v Foster

Question 34

84- occupier expected to offer protection (S1(3)(c))

Answer 34

Tomlinson v Congleton Borough Council

Question 35

84- what is the duty

Answer 35

S1(4) - to take care as is reasonable in circumstances to see the trespasser isn’t injured

Question 36

84 - child trespassers

Answer 36

same rules apply as adults Keown v Coventry Heathcare

Question 37

84- defences

Answer 37

volenti contributory negligence warning

Question 38

84- warning

Answer 38

s1(5) - D shows has taken reasonable steps to give warning of danger or discourage tresspassers Westwood v Post office

Question 39

84- remedies

Answer 39

s1(8) - damages for death or personal injury NOT property damage