Occupiers Liability
- Created by: I_Am_Trying_I_Promise
- Created on: 12-01-23 21:29
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- Occupiers Liability
- Two Types of Occupiers Liability
- Occupiers Liability Act 1957
- Lawful visitors
- Lawful adult visitors include:
- Invitees - persons invited to enter with express permission
- Contractual permission – e.g. ticket for entry
- Statutory right – e.g. police constable/meter readers
- Licensees - persons with express or implied permission for a period
- Lawful adult visitors include:
- Lawful visitors
- Occupiers Liability Act 1984
- Trespassers
- Occupiers Liability Act 1957
- Occupiers
- Under Section 1(2) it merely states that the rules apply ‘in consequence of a person’s occupation or control of premises…’
- No statutory definition
- Premises
- No full statutory definition except s1(3)(a) of the 57 act
- Reference ·
to a person having occupation or control of any
fixed or moveable structure, including any vessel, vehicle or aircraft
- Also includes: Ships in dry docks, vehicles, lifts and ladders
- Owed duty of care under Occupiers Liability Act 1957
- Adult visitor
- Owed a common duty of care
- Does not need to make them completely safe, just do what is reasonable
- Key cases: Laverton v Kiapasha Takeaway Supreme (2002) and Dean and Chapter of Rochester Cathedral v Debell (2016)
- Child visitor
- Occupier owes common duty of care to children but additional special duty owed to child visitors
- S2(3) OLA 57 - 'must be prepared for children to be less careful than adults [and as a result] the premises must be reasonably safe for a child of that age'
- People carrying out a trade/ calling
- S2(3)(b) OLA 57 – occupier can expect that a person in exercise of their calling 'will appreciate and guard against any special risks ordinarily incident to it so far as the occupier leaves them free to do so'
- Independent contractors
- 3 things required under S2(4) OLA
- Occupier check works done properly
- Contractor must be able to do the job
- Work must be given to an independent contractor
- 3 things required under S2(4) OLA
- Adult visitor
- Duty owed under Occupiers Liability Act 1984
- Adult and child trespassers
- Occupier will not be liable if the trespasser was injured
by an obvious danger (Ratcliffe v McConnell (1999))
- Occupier will not be liable if he was not aware of the danger or suspect it Rhind v Astbury Water Park (2004)
- Occupier will not be liable if the trespasser was injured
by an obvious danger (Ratcliffe v McConnell (1999))
- Trespassers
- S1(3) Aware of danger or has reasonable grounds to believe
it exists:
- Knows or has reasonable grounds to believe the other is in the vicinity of danger or he may come into the vicinity
- S1(3) Aware of danger or has reasonable grounds to believe
it exists:
- Adult and child trespassers
- Two Types of Occupiers Liability
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