Occupiers liability

Question 1

What is occupiers’ liability?

Answer 1

It is the duty owed by landowners to those who come onto their land

Question 2

What are the dates of the 2 occupiers’ liability acts?

Answer 2

1957 and 1984

Question 3

What is the Occupiers Liability Act 1957 about?

Answer 3

liability for “lawful visitors”

Question 4

What is Occupiers Liability Act 1984 about?

Answer 4

Liability for “non-visitors”

Question 5

What can lawful visitors claim for?

Answer 5

Personal injury and property damage

Question 6

What can non-lawful visitors claim for?

Answer 6

personal injury only, not property damage.

Question 7

Who can be sued?

Answer 7

The occupier of the land at the time, doesn’t have to be the owner of the premises.

Question 8

What does Wheat make?

Answer 8

It makes a control test to decide who is in control at the time of the incident are held responsible.

Question 9

What do you need to use the facts in a scenario to do?

Answer 9

Confirm what type of visitor the claimant is.

Question 10

What is confirmed once you confirm what type of visitor the claiment is?

Answer 10

• Which act governs the claim (1957 or 1984)
• What the claiment can be awarded

Question 11

What is the difference between a lawful and unlawful visitor?

Answer 11

Lawful visitors are allowed to be there
Unlawful visitors are not actually allowed to be there

Question 12

What do the non-visitor claimants do to be able to sue?

Answer 12

Thye must satisfy the OLA 1984 test which shows the liability of the occupier through 3 questions.

Question 13

What are the 3 things an occupier needs to do to satisfy the OLA 1984 test?

Answer 13

• The occupier must be aware of the trespassers or the risk of them
  -The occupier must be aware of the danger on their premises
• The occupier did not take reasonable precautions to prevent the danger

Question 14

What is a key case for 1984 trespassers? details?

Answer 14

Herrington. Rail company wouldn’t fix a hole in the fence that kids went through so they could play/cut across the railway. Kids got hurt and BRB was liable for it.

Question 15

What did Tomlinson rule? Details?

Answer 15

Usually obvious risk but they knew it kept happening so they were liable.
Teenagers kept breaking in and using the pool, it was an obvious risk but the occupier was aware it kept happening.

Question 16

What is the standard of care the occupier should have?

Answer 16

An occupier should take a general level of care for all visitors.

Question 17

What do occupiers owe kids?

Answer 17

An extra standard of care, as children should be expected to be less careful.

Question 18

What doe occupiers owe skilled workers?

Answer 18

A less standard of care as these visitors should know the risks associated with their “common calling”

Question 19

What is the Alurement principle?

Answer 19

Where a danger or risk could be inviting to child visitors, so it’s not an automatic risk but appropriate precautions should be taken.

Question 20

What does Taylor rule? details

Answer 20

Made the allurement principle, there were poisonous berries at a show but no signs and the child died.

Question 21

What will the courts ask?

Answer 21

The courts will ask where those responsible for the child were (parents/guardians)

Question 22

What is the question of responsibility dependent on?

Answer 22

The age of the child and the setting.

Question 23

What is the youngest age a child could be to be sort of aware for their actions? What’s the oldest their responsibility will be questioned

Answer 23

6-7, 13. Anything in between is debated

Question 24

What did Phipps rule? details?

Answer 24

That the occupier not expected to protect against unaccompanied children, who they didn’t know would be there.
5 year old left with a 7 year old, the 5 year old fell into a trench

Question 25

What are 2 conflicting cases about children? why?

Answer 25

Scott and Tomlinson, they are both about teenagers but Scott’s occupier is liable and Tomlinsons was not, even though it could be argued both knew what they were doing.

Question 26

What are the details of Scott?

Answer 26

Train surfing by one teenager but had happened before​. The Occupiers were not liable as the surfers could not be deterred.

Question 27

What are the details of Tomlinson?

Answer 27

Teenagers went swimming and although normally obvious risk, the occupier aware it kept happening.

Question 28

What can an occupier do if the precautions needed are beyond their skill?

Answer 28

They could transfer the duty to independent contractors

Question 29

What must the occupier show to transfer liability to the independent contractors?

Answer 29

• That they were reasonable when hiring the contractor (didn’t cut any corners and go for the cheapest yet shadiest ones)
  -They reasonably supervised the contractors where possible. (I.E checking the work done)

Question 30

What is an example of when the occupier could not reasonably supervise the contractor?

Answer 30

Haseldine - he was a lift engineer. You can’t supervise him as you would have no idea what he is doing

Question 31

What is an example for when the occupier can reasonably supervise a contractor?

Answer 31

Woodward - a cleaner. You can supervise a simple job as you know what they are doing.

Question 32

What must an occupier do if they cannot transfer the duty to a contractor?

Answer 32

They must discharge the duty

Question 33

What does it mean when D must discharge the duty?

Answer 33

It means they must do all they reasonably should/could.

Question 34

What does doing all they reasonably could involve?

Answer 34

Using warning signs

Question 35

What must the warning signs be?

Answer 35

They must be appropriate, for instance for children, so big pictures.

Question 36

What did Ratcliff rule? Details?

Answer 36

That the occupier was not liable as he put up a fence and put up signs. Ratcliff - Student jumped in swimming pool at night even though it had been fenced off and had a sign.

Question 37

What do occupiers not have to warn against?

Answer 37

Obvious risks

Question 38

What are the defences for occupiers liability?

Answer 38

Contributory negligence and consent (look at seperate deck of flashcards for more info)

Question 39

Where is consent kept in the OLAs?

Answer 39

s.295 OLA 1957 s.1(6) OLA 1984