Occupiers Liability

Question 1

Where was occupiers liability defined

Answer 1

• Lawful = Occupiers Liability Act 1957 “duty of care of an occupier to people on their premises”
• Unlawful = Occupiers Liability Act 1984 “duty of care of an occupier to people on their premises without extended permission”
  -> 1966 Practice Statement overruled Adie v Dumbreck with Herrington v BRB

Question 2

Define the key elements of occupiers liability

Answer 2

• Occupier = person with degree of control over premises, not have to be owner/resident, can be >1 person (Wheat v Lacon)
• Premises S.3(1) OLA 1957 = any fixed/moveable structure including vessels, vehicles and aircraft, OLA 1984 includes fire escape (Keown v Coventry NHS Trust)
• Lawful visitor = on premises:
  a) occupiers invitation
  b) occupiers expressed/ implied permission (eg. ambulance)
  c) exercising legal right (under contract, statutory right (metre readings), acquired license (regular trespasser (Lowrey v Walker))
• Unlawful visitor = exceeding occupiers permission in time/area or without permission

Question 3

Explain the law on occupiers liability relating to a lawful visitor

Answer 3

Duty of care (S.2(2) OLA57))
- Includes death, personal injury and property damage
- Take such care as to see the visitor is reasonably safe using the premises for the intended purpose

Standard of care (reasonable occupier test)
- S.2(3)(a) = child (owe more care), (Jolley v Sutton, Taylor v Glasgow Council), very young child expected to be supervised (Phipps v Rochester)
- S.2(3)(b) = workmen/experts (owe less care), a person in the exercise of their calling expected to appreciate and guard against special risks ordinary to it (Roles v Nathan)
- S.2(4)(a) = warnings (may avoid liability), some provide alternatives, not have to provide of obvious risks (Thomlinson v Congleton, Derby v National Trust)
- S.2(4)(b) = independent contractors, occupier not liable if:
a) Reasonable to entrust work to contractor (Haseldine v Daw)
b) Taken reasonable steps to ensure work is properly done (Bottomly v Todmorden Cricket Club)

Question 4

Explain the law on occupiers liability relating to unlawful visitors

Answer 4

Duty of care (S.1(1) OLA84))
- S.1(3) = only personal injury, with x3 conditions:
a) Aware of danger or had reason to believe it existed
b) Aware someone may come into danger or had reason to believe they might
c) May be expected to offer some protection from the danger
- Latent danger = no duty (Donogue v Folkestone Properties)
- Nature of property must be inherently dangerous not just trespassers actions (Keown)

Standard of care (S.2(4) OLA 84))
- Care which is reasonable to keep the trespasser from injury