Occupiers’ Liability Flashcards by Yash Pande

What is Occupiers’ Liability defined as?

The occupier of land responsible for damage caused on the premises

This liability is a mix of common law and statute.

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Which act governs Occupiers’ Liability for lawful visitors?

Occupiers’ Liability Act 1957

This act outlines the responsibilities of occupiers towards lawful visitors.

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Which act governs Occupiers’ Liability for trespassers?

Occupiers’ Liability Act 1984

This act provides a different set of rules for the liability towards trespassers.

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Name the three common elements for both Occupiers’ Liability Acts.

D. must be an occupier
D. must be an occupier of premises
Lawful visitor vs Trespasser

These elements are essential to establish liability under both acts.

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What does the term ‘occupier’ refer to in the context of the Occupiers’ Liability Acts?

Neither statute defines ‘occupier’

The definition can be inferred from case law, such as Wheat v Lacon.

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In the case of Wheat v Lacon, what was the context regarding the occupier?

A pub employee rented out premises

This case illustrates the concept of who can be considered an occupier.

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What is the definition of ‘premises’ according to s.1(3)(a) OLA 1957?

Land and buildings, fixed or movable structures, vessels, vehicles, and aircraft

This broad definition encompasses various types of property.

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What is the third element of both OLA’s?

Lawful Visitor vs Trespasser

This shows us whether we need to use OLA 1957 or 1984

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What are the 4 types of lawful visitors?

What is a licensee?

Invitees, licensees, contractual permission, statutory right of entry

*licensees = people with permission to enter the property for a specific purpose: this permission can be exceeded to turn them into trespassers

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What is an example of the 4 types of lawful visitors

Invitee - calling a friend round

Licensee - entering a shop

Contractual Permission - having a cinema ticket

Statutory Right of Entry - police with a warrant

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Who is not included in element 3?

People using a public right of way
eg. walking down a street

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What is element 4 of occupiers liability?
What act is this for?

When is a duty owed?
This is for lawful visitors only, ie OLA 1957

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What section shows us when a duty is owed to a visitor

s.2(1) OLA 1957 says an occupier owed the SAME duty of care to ALL visitors

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What is the 5th element of OLA 1957?

What is the duty owed?

Found in s.2 (2)

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According to S.2(2) of the OLA ‘57, what must an occupier do?

Take reasonable steps to keep the visitor reasonably safe

This section outlines the duty of care owed to visitors.

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In the case of Laverton v Kiapasha Takeaway, what was determined regarding the safety of the premises?

Occupier does not need to make land completely safe, just reasonably safe

This case involved a slip in a shop.

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What does the case Rochester Cathedral v Debell illustrate about everyday occurrences?

Tripping, slipping, and falling are everyday occurrences

This case highlights the common risks faced by visitors.

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What factors are considered in determining the duty of care owed? SSPB

Seriousness of potential harm (Paris v SBC)
Size of risk (Bolton v Stone)
Practicability of precautions (Latimer v AEC)
Benefit to taking risk (Watt v Hertfordshire)

These factors help assess the level of care required.

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Under the 1957 OLA, how does the duty of care differ for children compared to adults?

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Children are owed a higher duty of care

This reflects the increased vulnerability of children.

Under the 1957 OLA, how does the duty of care differ for tradesmen/professionals?

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Tradesmen/professionals are owed a lower duty of care

This acknowledges their expertise and ability to assess risks.

What must an occupier be prepared for regarding children according to S.< (3) (a)?

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To be less careful than adults and make the premises reasonably safer for a child of that age

Children are owed a higher duty of care

In Glasgow v Taylor, what was the ruling regarding poisonous berries?

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If children are expected on the land, the occupier must take reasonable precautions for them

This case highlights the responsibility of occupiers to ensure safety for children.

What does the case Jolley v Sutton illustrate about abandoned boats?

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It must be foreseeable that an allurement would cause damage

This case emphasizes the duty of care owed to children regarding potential hazards.

In Phipps v Rochester, what was the outcome regarding a child who fell in a trench?

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Parents are responsible for YOUNG children if they go to a clearly unsafe place unaccompanied

What duty of care is owed to **tradespeople** according to S.2 (3) (b)?

A lower duty of care as they should appreciate and guard against any special risks associated with their job ## Footnote This reflects the understanding that tradespeople are expected to manage risks inherent to their work.

What was the ruling in **Roles v Nathan** regarding a **chimney-sweep**?

If they suffered from something typical of their job, the occupier is not liable ## Footnote This case illustrates the principle that tradespeople assume certain risks associated with their profession.

What are the defences to OLA ‘57

Volenti & Contributory negligence, exclusion clauses, warnings, and work done by independent contractors.

What section shows exclusion clauses

s.2 (1) says and occupier can exclude liability via a sign/ticket/term in contract stating exclusion of liability e.g., 'Park at your own risk.' ## Footnote

When can exclusion clause defense not be used

1. Children cannot be excluded if they can’t understand the sign 2. s.65 Consumer Rights Act says a business cannot exclude personal injury/death liability

What does **S.2(4)(a)** state about warnings given by the defendant?

If D. gives a warning that keeps the visitor reasonably safe, he is not liable. ## Footnote Warnings do not need to be in a contract and can be used by businesses to escape liability.

In the case of **Rae v Mars**, what was the issue with the warning?

The sign was in the dark, making it ineffective. ## Footnote This case illustrates that warnings may not suffice where danger is extreme or unusual.

What section talks about work sone by independent contractors?

s.2 (4) (b): occuiper is not liable for work done by a contractor if they qualify three elements

What are the 3 elements outlined by s.2 (4) (b)? Cases?

1 it was reasonable for the occupier to give the work to the independent contractor. Haseldine v Daw 2. D made sure the contractor was competent. Bottomley v Todmorton 3. Occupier must check work was done properly. Woodward v Mayor of Hastings

What are the 2 types of remedies for OLA ‘57?

D. can be ordered to pay for: a) personal injury or death b) property damage

What act shows the trespassers' act? What section of this act defines trespassers?

Occupier's Liability Act 1984 s.1(1)(a) says trespassers are those other than lawful visitors

What are the first 3 elements that you still have to discuss in OLA '84

1. Occupier 2. Premises 3. Visitor/Trespassers

What is the 4th element of OLA '84

When does the duty arise?

What section is used for 4th element of OLA '84

s.1(3) shows O. only owes a duty if: (a) he is aware of the danger (b) he is aware of trespassers being on property (c) risk was obvious All 3 of these must apply

When a duty arises s.1(3)(a) s.1(3)(b) s.1(3)(c)

Rhind v Astbury (jumped into a lake) - if O. does not know of danger, not liable Swain v Natui (fell through skylight) - if O. does not know of trespassers, not liable Tomlinson v CBC (swam in lake, became tetraplegic) - if trespasser is injured from obvious risk, O. is not liable

What is the 5th element of OLA '84? What section number explains this?

What is the duty owed to the trespasser? s.1(4) says occupier must take reasonable steps to stop trespasser getting injured

How do we measure the reasonable steps that O. must take?

SSPB Size, Seriousness, Practicability, Benefit ## Footnote Reasonable steps are measured against size of risk, seriousness of harm, benefits, and practicability of precautions.

Do the **same rules** apply to child trespassers as adult trespassers?

Yes ## Footnote Referenced case: Keown v Coventry NHS - child climbed ladder.

What **defences** apply under OLA '84?

* Volenti * Contributory Negligence * Warnings ## Footnote These defences can be used by the occupier in cases of injury.

What must a defendant show to use the **warning defence** under OLA '84?

He has taken reasonable steps to give a warning of danger ## Footnote Case reference: Westwood v Post Office - signs must be clear.

What does S.1 (8) of OLA '84 state regarding **remedies**?

Occupier can be ordered to pay for death or personal injuries, but NOT property damage ## Footnote This limits the liability of the occupier in terms of damages.

Occupiers’ Liability Flashcards

(45 cards)