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11 Cards in this Set
- Front
- Back
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Order |
Occupiers Liability Act 1957 – provides an occupier owes a duty of care to lawful visitors and if that duty is breached and the visitor is injured, he is entitled to receive compensation 1. Is the defendant an occupier? 2. What are premises? 3. Is the claimant a visitor? 4. Explain duty of care owed 5. What about children? 6. What about professional visitors? 7. Occupiers liability for torts of independent contractors 8. Are there any defences or exclusion clauses? |
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Origin |
Occupiers Liability Act 1957 provides an occupier owes a duty of care to lawful visitors and if that duty is breached and the visitor is injured, he is entitled to receive compensation |
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Stage 1 |
1. Is the defendant an occupier? there is no statutory test > test for finding out who an occupier is in case law Wheat v E Lacon & Co > more than one occupier (manager & staff Harris v Birkenhead > controls building (Local authority) Bailey v Armes > not occupier it unaware of premises Owner Resident |
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Stage 2 |
2. What are premises? s.1 (3)(a) OA 1957: person having occupation or control of any ‘fixed or moveable structure, including any vessel, vehicle, and aircraft’ lifts and even a ladder have been included |
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Stage 3 |
3. Is the claimant a visitor? A visitor will include: Anyone invited on to the premises (invitees) Those who have permission to be on the premises (licensees) Those with contractual permission – those who have bought a ticket to an event Those who have a statutory right of entry – (meter readers or police officers with warrant) |
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Stage 4 |
4. Reasonable safety s.2 > “An occupier of premises owes a common duty of care to all his visitors” The common duty of care is a duty to take such care to make sure V is using the premises for the purposes for which he is invited. The occupier does not have to make the visitor completely safe in the premises. The courts are concerned about opening the floodgates and creating a high level of responsibility. Laverton v Kiapasha Takeaway Supreme |
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Stage 5 |
5. What about children? The occupier must be prepared for the fact that children will be less careful than adults (s.2(3)). An occupier with objects of child allurement), owes a duty to ensure the child’s safety Jolley v Sutton BC |
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Stage 6 |
6. What about professional visitors? Act states that traders should ‘appreciate and guard against any special risks ordinarily incident to it’ > an occupier is not liable where tradesmen fail to guard against risks they do or are expected to know about. This rule only applies to risks associated with the trade Roles v Nathan 1973 |
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Stage 7 |
7. Occupiers liability for torts of independent contractors If a visitor is injured by a contractor’s negligent work > occupier may have a defence and be able to pass the claim to a contractor s.2(4) Three requirements must be satisfied: a. It must be reasonable for the occupier to have given the work to an independent contractor Haseldine v Daw & Son 1941 b. The contractor must be competent to carry out the task. Bottomley v Todmordern CC 2003 c. The occupier must check the work has been properly done (Experts may be needed to check if the work is complex) Woodward v The Mayor of Hastings |
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Stage 8 |
8. Are there any defences or exclusion clauses? Contributory negligence Volenti Warning notices > This is a complete defence and the warning can be oral or written. s.2(4) > warning is ineffective unless “in all the circumstances it was enough to enable the visitor to be reasonably safe” Rae v Marrs |
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Exclusion clauses |
S. 2(1) > occupier can ‘restrict, modify or exclude his duty by agreement or otherwise’. The occupier by any warning can do the above, whether it would work on a child visitor depends on their age. Consumer Rights Act s.65 > liability cannot be excluded or restricted by a trader for death or personal injury resulting from negligence. |
