Occupiers liability

  1. Liability is on occupier to lawful visitors under Occupiers
    Liability Act. 1957 (OLA 57)

  2. S2(1) OLA 1957 states that occupiers of premises owe a common duty of care to visitors

  3. Define occupier anyone with a degree of control over the premises in question"
    Wheat V Lacon - sufficient control test
    Apply.

  1. Define premises "fixed or moveable structure inc vessels, vehicles, aircrafts and gardens" s1(3) (a) apply must state if fixed or moveable structure

  2. Define visitor "anyone invited or permitted to be on the premises via implied or expressed permission"
    Apply must state if expressed or implied permission

  3. Common Duty of Care (CDoC) S2(2) -"a duty to take such care as is reasonable in all circumstances to ensure the visitor is reasonably safe for the purpose of their visit" CDoC is only applicable when injury is due to state of the premises and not the activities of the visitor
    Darby V Natzonal Trust
    Injury must be due to the state of the premises
    Marten Y Middlesbrough Council
    Apply why are they there and is it safe for the specific

  4. Define premises “fixed or moveable structure inc vessels,

    vehicles, aircrafts and gardens” s1(3)(a) apply must state if

    fixed or moveable structure.

    5. Define visitor “anyone invited or permitted to be on the

    premises via implied or expressed permission”

    Apply must state if expressed or implied permission

    6. Common Duty of Care (CDoC) S2(2)-“a duty to take such care as

    is reasonable in all circumstances to ensure the visitor is

    reasonably safe for the purpose of their visit” CDoC is only

    applicable when injury is due to state of the premises and not

    the activities of the visitor

    Darby V National Trust

    Injury must be due to the state of the premises

    Martin V Middlesbrough Council

    Apply why are they there and is it safe for the specific

    visit?

    7. O.I.R.

    -Duty owed to children S2(3)(a)-Occupiers must be aware of

    and guard against dangers to children and expect them to be

    less careful than adults.

    Occupiers must guard against any allurement that may tempt

    child visitors into danger or put them at risk of injury.

    Glasgow Corp V Taylor

    Foreseeable allurement must be removed

    Jolly V Sutton Council

    Very young children (6 below) must remain supervised by

    parents.

    Phipps V Rochester

    Apply

    8. O.I.R.

    -Duty owed to experts S2(3)(b)-occupier may expect a

    specialist visitor to guard against risks within their own

    specialism

    Role V Nathan

    -States that the occupier is not liable for risks “within the

    exercise of their calling” or things related to the work.

    Apply

    9. Negligence of independent contractors S2(4)(b)- occupier of

    premises will not be liable for injuries/ damages suffered by

    visitors when the cause of damage is due to negligence of I.C

    ● 3 conditions must be satisfied for I.C to be liable.

    ○ 1. Must be reasonable for occupier to entrust the work to the Independent contractor - the more complicated and specialist the work, the more likely for the occupier to have given the work to a specialist.

    Haseldine V Daw

    Apply

    ○ 2. Occupier must take reasonable steps to satisfy themselves that the I.C is the competent

    Apply

    ○ 3. Occupier must check the work has been properly done. More complex the task the less reasonable it is to expect this

    Apply

    10. Conclusion- is the owner liable for the injuries/ damages suffered?

    11. Defences

    ● Warnings S2(4)- warnings must be “effective and sufficient” to warn visitors of danger no need to warn of obvious risks

    ● Volenti nonfit injuria S2(5)- not liable for risks the visitor willingly accepts and full knowledge of any risks

    Simms V Leigh

    ● Contributory negligence- Law reform (contributory negligence) act 1945

    ● Exclusion clauses S2(1) occupier can limit or exclude completely liability for death/ injury caused.

    Apply after each one

    12. Remedies

    - special and general damages.