Occupiers Liability Act Flashcards
(12 cards)
What is the purpose of the Occupiers’ Liability Act 1957?
Protects lawful visitors from harm caused by the dangerous state of premises.
Remedy: Claim for personal injury and property damage.
What is the duty of care under S.2(1)?
Occupier owes a common law duty of care to all lawful visitors.
Applies to injury or damage caused by dangerous condition of the premises.
What does ‘premises’ include according to S.1(3)?
Includes fixed and moveable structures (e.g. ladder, vehicle, ship, aircraft).
Case: Wheeler – ladder = premises. Case: Ogwo – must be due to dangerous state of premises.
Who is considered an ‘occupier’ under S.1(2)?
Anyone with control over the premises.
Case: Wheat v Lacon – multiple occupiers possible.
Who are lawful visitors under S.2(1)?
Visitors who have express or implied permission to be on the premises.
Includes invitees, licensees, contractual entrants, statutory right. Case: Lowery – repeated use implied permission.
What is the common duty of care under S.2(2)?
Occupier must make sure visitor is reasonably safe for the purpose of visit.
Case: The Calgarth – only for intended purpose. Case: Laverton – no need to guarantee complete safety. Case: Rochester Cathedral – real danger needed.
How is breach of duty assessed?
Use the reasonable person test from Blyth.
Standard = competent occupier. Consider risk factors (duration, seriousness, cost, etc).
What considerations are there for children under S.2(3)(a)?
Premises must be reasonably safe for children.
Consider allurement: e.g. fountain, toys. Case: Glasgow Corp – poisonous berries attractive to children. Case: Phipps – occupiers can expect parental supervision.
What is expected of expert visitors under S.2(3)(b)?
Experts should guard against specialist risks in their field.
Case: Roles v Nathan – chimney sweepers should know risks.
When is an occupier not liable for independent contractors under S.2(4)?
Occupier not liable if: 1. Work was reasonable to outsource (Haseldine) 2. Contractor was competent (Bottomley) 3. Occupier made reasonable checks (Woodward).
What are the defences available under the Act?
Volenti (consent to risk), contributory negligence, warning signs.
Effective only if enough to keep visitor safe. Case: Rae v Mars – deep pit needed more than a sign.
What remedies are available under the Act?
Personal injury and property damage.
Both recoverable if duty is breached.
