Occupier's Liability (OLA 1957 & 1984) - TOPIC 2

Who is an Occupier? (both 57 & 84)

Definition (AO1)

No Statutory definition of an Occupier (O) so defined under common law. - “A person who has sufficient degree of control over premises that he ought to realise that any failure on his part to use car may result in injury.

An O does not have to own a premises or have to physically be at the premises.

Who is an Occupier? (OLA 57)

Case

(Wheat v Lacon)

D’s were brewers who owned a pub. Employees managed the pub. C was staying in the private section with husband as paying guests. C’s husband fell down a dimly lit staircase and died.

Question was who was an O - Both the owners and licensees were found to be occupiers

What are Premises? (Same for OLA 57 & 84)

Definition (AO1)

No specific statutory definition but OLA 57 s.1 (3) indicates that a premises is any = “Land & Fixed or moveable structure including any vessel, vehicle and aircraft”

Common Law also includes: Houses, buildings and the land itself along with ships in a dry dock, lifts (Haseldine v Daw) & ladders

Who is a duty owed to (OLA 57)

Definition (AO1)

OLA 1957 imposes a duty on occupiers of premises to LAWFUL VISITORS

Who is a Lawful Visitor

Definition (AO1)

Someone with express (written, oral or contractual) or implied permission (E.g. repeat visits /right by law - emergency services) from the O to enter the premises or who has a right to be on the premises.

Anyone without permission or who exceeds their permission is a trespasser.

Children who are trespassing may be considered an LV if there is an allurement on the premises

Types of LVs

Definition (AO1)

• Invitees - There with permission for the benefit of the O

• Licensees -

When may an LV become a trespasser

Definition (AO1)

When they exceed their permission in terms of:

• Time

• Space

• Purpose

“When you invite a person into your house to use the stairs, you do not invite him to slide down the bannisters”

When may an LV become a trespasser

Case (AO3)

(Geary v JD Wetherspoon PLC)

LV slid down a long swooping bannister in a refurbished building that was to become a pub.

Seen that the activity (not the bannister) was unsafe

What is the duty owed by an occupier

Definition (AO1)

Under OLA 57 S.2(1) - An O owes the same duty, the ‘Common Duty of Care’ to all his visitors

OLA 57 S.2(2) - The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.

What is the duty owed by an occupier

Case (AO3)

(Rochester Cathedral v Debell)

Trippers and slippers case. C won but D appealed and was successful.

Confirmed that O only had to keep LV Reasonably (not completely) safe.

Where must risk come from?

Definition (AO1)

The risk must come from the state of the premises and not the activity carried out on the premises.

Where must risk come from?

Case

(Poppleton v Trustees of the Portsmouth Youth Activities Committee)

Breach of Duty

1. The Standard of Care

2. Special Visitors:

   • Child visitors

   • Very young children

   • Skilled Visitors

3. Liability of an O for the work of Independent Contractors (ICs) whose negligence harms visitors

4. Warnings