Tort Law: Occupiers Liability

What are the KEY statutes within Occupiers Liability and what do they deal with?

The OLA 1957- lawful visitors

The OLA 1984- trespassers

What is meant by an Occupier?

The person who has control over preventing harm to others within the premises

What case clarified that multiple parties can simultaneously be occupier and owe a duty of care?

Wheat v E.Lacon

What section defines "Premises"?

Section 1(3)

What is meant by Premises?

Any fixed or movable structure

Under the OLA 1957, what counts as a lawful visitor?

Adults, Children, Tradespeople, Independent contractors

What section defines the Duty of Care towards Adults?

Section 2(2) of the OLA 1957

What is the Duty of Care owed to Adults?

Occupiers must take the reasonable precautions in order to prevent harm from the visitor

What cases establishes the Duty of care owed to Adult visitors?

Laverton v Kiapasha

What Section defines the Duty if Care owed to Child visitors?

S2(3) of the OLA 1957

What is the Duty of Care owed to Children?

An occupier must be prepared for children to be less careful and so the premise must be reasonably safe for a child of that age

What case established that 'alurements' must be removed if they risk harm?

Glasgow Corporation v Taylor

What is the difference between Tradespeople and Independent Contractors?

Contractors own their own business and work independently whilst Tradespeople are hired by the occupier and work under their supervision

What section defines the Duty of Care for Tradespeople?

Section 2(3)(b) of the OLA 1957

What is the Duty of Care owed to Tradespeople?

The occupier cannot be liable for any risks in which the tradesman is expected to identify and avoid

What case established that the Occupier cannot be held liable if they gave the Tradesperson a sufficient warning of potential danger?

Roles v Nathan

What is the Duty of Care owed to Independent Contractors?

The occupier cannot be held liable for the actions of those with greater expertise

What 3 things must be proven for the Occupier to discharge their duty to Independent Contractors?

1)It was reasonable to hire a specialist contractor

2)Contractor was checked for competence

3)Occupier must have reasonably ensured the work was carried out properly, unless too technical

What case established that the Occupier cannot rely on the Expertise if too technical?

Haseldine v Daw & Son

What are the 4 Defences for Occupiers?

-Contributory Negligence

-Volenti Non Fit Injuria

-Warning Notices

-Exclusion Clauses

What are Warning Notices?

Can be written or verbal. Must be clear, accessible and proportionate to the risk involved

What Section states that Warning Notices can be a complete defence if used properly?

S4 of the OLA 1957

Which case established that a Sufficient Warning must make the Visitor reasonably safe?

Rae v Marrs

What Section defines Exclusion Clauses?

S2(1) of the OLA 1957 allows occupiers to 'restrict, modify or exclude his duty by agreement or otherwise'

What Act restricts Exclusion Clauses?

The Consumer Rights Act 2015 S65 states that a trader cannot 'exclude or restrict liability for death of personal injury resulting from negligence'

What are the 3 conditions for an Occupier owing a duty to Trespassers?

1)Under S1(3)(a), the occupier is aware of the danger

2)Under S1(3)(b), the occupier knows that trespassers may be near the danger

3)Under S1(3)(c), its reasonable to expect the occupier to offer protection

Ratcliff v McConnell

Higgs v Foster

Tomilson