Occupiers Liability

Question 1

Occupiers’ Liability

What is occupiers’ liability?

Answer 1

The idea that occupiers owe a duty to people who come onto their premises, different duty is owed according to whether the Claimant is a lawful visitor or a trespasser

Question 2

Occupiers’ Liability

Does the Occupiers’ Liability Act 1957 apply to lawful visitors or trespassers?

Answer 2

Lawful visitors

Question 3

Occupiers’ Liability

Does the Occupiers’ Liability Act 1984 apply to lawful visitors or trespassers?

Answer 3

Trespassers

Question 4

Occupiers’ Liability

What act applies to lawful visitors?

Answer 4

The Occupiers’ Liability Act 1957

Question 5

Occupiers’ Liability

What act applies to trespassers?

Answer 5

The Occupiers’ Liability Act 1984

Question 6

Occupiers’ Liability

What/Who is an occupier?

Answer 6

the person who has control over the premises - they do not have to be the owner

Question 7

Occupiers’ Liability

What key case explains that the occupier only has to have control over the premises?

Answer 7

Wheat v Lacon 1966

Question 8

Occupiers’ Liability

What is the key idea of the Wheat v Lacon 1966 case?

Answer 8

That the manager of the pub was the occupier because he had primary control over the premises, even though he was not the owner.

Question 9

Occupiers’ Liability

What happened in the casse of Bailey v Armes 1999?

Answer 9

the defendants lived in an apartment above a supermarket. Their son and his friend would play on the flat roof of the supermarket, the friend fell off and injured himself. The defendant did not have sufficient control over the condition of the roof to be deemed occupiers and were therefore not liable.

Question 10

Occupiers’ Liability

In what case did the defendants not have enough control over the roof to be liable?

Answer 10

Bailey v Armes 1999

Question 11

Occupiers’ Liability

What case shows that the occupier does not have to physically occupy the premises?

Answer 11

Harris v Birkenhead 1976

Question 12

Occupiers’ Liability

What happened in the case of Harris v Birkenhead 1976?

Answer 12

The local council was held liable for a derelict building, even though they had never physically occupied (entered) it?

Question 13

Occupiers’ Liability

In what section is ‘premises’ defined and what is it defined as?

Answer 13

s.1(2) - includes land, buildings, houses, as well as vehicles or moveable structures (like lifts and ladders)

Question 14

Occupiers’ Liability

What is a lawful visitor?

Answer 14

someone with implied or expressed permission to enter the premises, and those with a contractual or legal right to enter

Question 15

Occupiers’ Liability

Which act applies to lawful visitors?

Answer 15

The Occupiers’ Liability Act 1957

Question 16

Occupiers’ Liability

What is a trespasser?

Answer 16

a person who has no permission or authority to be on the occupiers’ premises, a lawful visitor can become a trespasser by exceeding the permission granted to them.

Question 17

Occupiers’ Liability

Which act applies to trespassers?

Answer 17

The Occupiers’ Liability Act 1984

Question 18

Occupiers’ Liability

True or false
A lawful visitor can become a trespasser

Answer 18

True - by exceeding the permission granted to them

Question 19

Occupiers’ Liability

Which key case shows that the duty of care only covers ‘danger due to the state of the premises’?

Answer 19

Geary v Whetherspoon 2011

Question 20

Occupiers’ Liability

What happened in the case of Geary v Wetherspoon 2011?

Answer 20

the Claimant attempted to slide down the banister of a staircase, falling and sustaining a spinal fracture, her injuries were not caused due to unsafe premises just her decision to slide, therefore there was no liability owed.

Question 21

Occupiers’ Liability

In what case does a claimant slide down a bannister injuring herself, with no liabilty from the premises becasue her injuries were not caused due to the state of the premises?

Answer 21

Geary v Wetherspoon 2011

Question 22

Occupier’s Liability - Lawful Visitors (1957 Act)

What is the common duty of care owed to all lawful visitors, and in what section of the act is this defined?

Answer 22

s.2(2) - to take reasonable care to keep the visitor reasonably safe for the purpose of their visit

Question 23

Occupier’s Liability - Lawful Visitors (1957 Act)

In what section is it defined that occupiers’ must take reasonable care to keep their visitors reasonably safe for the purpose of their visit?

Answer 23

s.2(2)

Question 24

Occupier’s Liability - Lawful Visitors (1957 Act)

What key case shows that occupiers’ only have to keep their visitors reasonably safe, not completely?

Answer 24

Laverton v Kiapasha Takeaway 2002

Question 25

# Occupier's Liability - Lawful Visitors (*1957 Act*) What happens in the case of *Laverton v Kiapasha Takeaway 2002*?

Answer 25

A customer slipped on a rainy day, breaking her ankle, however the owners regularly mopped and had slip resistant tiles fitted - the court decided that D's had taken reasonable care to ensure safety, and they were not held liable.

Question 28

What is the special duty owed towards children and what section is this specified in?

Answer 28

S.2(3)(a) - provides that an occupier must be prepared for children to be less careful than adults, meaning a higher standard of care is owed

Question 29

What is a key case to support S.2(3)(A) of the occupiers’ liability act 1957? (child visitors)

Answer 29

*Jolley v Sutton LBC 2000*

Question 30

What happened in the case of *Jolley v Sutton LBC 2000*?

Answer 30

A 14yr old boy and his friend found an abandoned boat on their council estate and decided to repair it, while working on it the boat fell on him leaving him paralysed. The Court found that the council had breached their duty of care by failing to move the boat and found them liable

Question 31

In which case did a 14 year old get paralysed while repairing an old boat he found on his council estate, leaving the council liable?

Answer 31

*Jolley v Sutton LBC 2000*

Question 32

What key case shows that professionals should know the risks of their work and therefore lowers their standard of care?

Answer 32

Roles v Nathan 1963

Question 33

In which case do two chimney sweeps die from inhaling poisonous fumes, leaving the occupier not liable as they knew the risks from their job?

Answer 33

Roles v Nathan 1963