Occupiers Liability Flashcards
Definition of occupiers liability
The liability of an ‘occupier’ of land or premises for the injury or loss or damage to property suffered by claimants while on the occupiers ‘premises’. Therefore it must be distinguished from damage caused by the defendants use of his land which is suffered by the claimant outside of the occupiers land
Liability for land and premises falls into two distinct areas
Liability by an occupier of premises for loss or injury caused by the state of premises- such liability can also be divided according to whom has suffered the loss or injury
Liability by a person other than an occupier of land for defects in the premises themselves l- landlords and builders
Two Acts
Occupiers Liability Act 1957- which is concerned with the duty of care owed to all lawful visitors
Occupiers Liability Act 1984-
Duty owed to people other than lawful visitors-trespassers
Ogwo v Taylor (1987)
Here there was no liability under the Act when a fireman sad injured in a fire on the defendants premises
As Brown LJ commenter in the case the fire did not result from defects in the state of premises, so liability was in negligence
Definition of Occupier
In the case of the 1957 Act and the 1984 Act potential defendants are identified as being occupiers of the premises
Section 1 (2) of the 1957 Act states that the rules apply in the ‘consequence of a persons occupation or control of premises’
The established twat for determining occupation then is found in the common law
Wheat v Lacon & Co Ltd (1966)
Manager of a public house was given the right to rent out rooms in his private quarters even though he had no proprietary interest in the premises
Paying guest fell on unlit staircase COA held manager and employers liable for purposes of the act
Stranger removed bulb so neither liable as they didn’t breach their duty
= there can be dual occupation of premises
Collier v Anglican Water Authority (1983)
Promenade formed part d the sea defences for which the water authority was responsible
Local authority owned the land and was responsible for cleaning the promenade
=both classed as occupiers
Person injured due to disrepair meant that the water authority was responsible.
Doesn’t require propriety interest or possession.
Harris v Birkenhead Corporation (1976)
4 year old injured in an empty house not secured
Didn’t have possession but served compulsory purchase order
They had legal control and were therefore liable
Insurance is a pro factor
Definition of ‘premises’
No fixed definition
S1(3) (a) which refers to someone having occupation or control of any “fixed or moveable structure, including any vessel, vehicle or aircraft’
Common law
Also include Vehicles Aircraft Lifts Ladder Ships in dry Dock
