Occupiers' Liability Act Flashcards
(15 cards)
What is the primary concern of the Occupiers’ Liability Act?
Injury caused by the state of premises
It is an extension of traditional negligence largely governed by statute.
What is the statutory reference for Occupiers Liability in the UK?
OLA 1957 or 1984
What is the obligation of an occupier under the Occupiers’ Liability Act?
To ensure visitors/non-visitors are reasonably safe when using land
How is an ‘occupier’ defined?
“An occupier is anyone with a sufficient degree of control”
If a landlord lets the premises to a tenant, who is the occupier?
The tenant
What remains the landlord’s liability when leasing premises?
Common areas such as stairs, gardens, etc.
What happens if a landlord grants a license instead of a tenancy?
Both the landlord and the licensee are occupiers
What is the liability of a landlord who engages an independent contractor?
The landlord remains the occupier but the independent contractor may also be the occupier if they have a high level of control.
Can an occupier be liable if they have not taken possession of the property?
Yes, as demonstrated in Harris v Birkenhead LCB, 1976
What happened in Harris v Birkenhead LCB (1976)?
Local authority had issued a compulsory purchase order and had the right to take possession, but failed to secure the house (board entrances). 4yo entered the abandoned house and sustained serious injuries. The house of lords held the local authority liable, the corporation was deemed the occupier because they had control over the premises.
What is the definition of ‘premises’ under OLA 1957?
Any land, building, fixed or movable structure including any vessel, vehicle or aircraft
In Wheeler v Coppas (1981), why did the court hold that the Occupiers’ Liability Act 1957 did not apply?
The defendant was not an occupier of the ladder once it was handed over to the claimant.
How are ‘visitors’ defined in the context of OLA 1957?
Not defined, but include those with express permission or a license to enter the premises. Who leave within a reasonable amount of time if asked to leave, and who’s access can be restricted by specific conditions set by the occupier.
What must a visitor do if asked to leave the premises?
Leave within a reasonable amount of time
What can restrict access for visitors?
Specific conditions set by the occupier
