Occupiers Liability

Question 1

definition

Answer 1

where c is injured whilst in ds land

Question 2

lawful visitors

Answer 2

occupiers liability act 1957
S2(1) - occupier of premises owes a “common duty of care” to visitors

Question 3

occupier

Answer 3

sufficient control test from lord denning, “wherever a person had a sufficient degree of control over premises that they ought to realise any failure on their part to use care may result in injury to a person”
- there can be multiple occupiers of the same premises (wheat v lacon)

Question 4

visitor

Answer 4

anyone who is invited or permitted to be on the land, express or implied

Question 5

premises

Answer 5

S1(3)(a) - any fixed or moveable structure, any vessel, vehicle or aircraft

Question 6

“common duty of care”

Answer 6

S2(2) - this means the occupi r has a “duty of care to take reasonable steps to ensure the visitor will be reasonably safe in using the premises for the purposes of which he is invited or permitted to be there”
- injury must be due to the state of the premises and not the activity’s of the visitor (darby v national trust)