Occupier's Liability Act 1957

• Applies to lawful visitors – s1(2):


  ·       Invitee

  ·       Licensee

  ·       Contractual

  ·       statutory
• Occupier-s1(2)(a):

  The person in control of the premises.  There can be more than one occupier. (Wheat)
• Premises – s1(3)(a):


  Any fixed or moveable structure. (Wheeler)
• Duty owed:

  Common duty of care to keep the visitor reasonably safe.
• Different types of visitor:

  ·       Children s2(3)-owed a higher duty of care and must guard against allurements.

  ·       Independent contractors s2(3)(b)-expected to take precautions associated with their job.
• Note – s2(4)(b):


  Where damage/harm was caused by an independent contractor, the occupier can pass liability, provided they can establish three things:

  ·       reasonable to use the independent contractor.

  ·       Checked competence.

  Checked work done properly.
• Laverton v Kiapasha 


  occupier only needs to take reasonable precautions.
• Glasgow v Taylor 


  occupiers owe children a higher duty of care. Must guard against ‘allurements’ that would be attractive to children
• ·       Phipps v Rochester 


  occupiers can expect parents of young children to supervise them.
• ·       Roles v Nathan 


  independent contractors are expected to take the normal precautions associated with their job.
• Haseldine v Daw & Son 


  occupier can pass liability to an independent contractor where it was reasonable to use them;
• Bottomley 


  occupier checked the independent contractor was competent;
• ·       Woodward 


  occupier checked the work was done properly.
• ·       Edwards v Sutton 


  where the risk is obvious, the court may expect lawful visitors to take responsibility for their own safety.
• Defences:

  1. Consent
  2. Contributory Negligence
  3. Reasonable precautions
  4. Warning signs
  5. Obvious risks
  6. Can pass liability
• Consent 


  claimant knew of the precise risk, acted out of free choice and voluntarily accepted the risk.
• ·       Contributory negligence 


  where the claimant contributed to the harm. Damages will be reduced by the judge to reflect that contribution. (White Lion v James reduced by 60%).
• ·       Reasonable precautions taken. (Laverton).
• ·       Warning signs – s2(4) – Westwood – must be effective in keeping the visitor safe.
• ·       Obvious risks (Edwards v Sutton).
• ·       Can pass liability to independent contractor.
• Remedies:


  ·       Can claim for reasonably foreseeable property damage and personal injury.
• Damages:


  ·       Special damages which cover pecuniary loss (losses that are easy to calculate in monetary terms and are calculated up to the date of trial). E.g.  loss of earnings.

  General damages which cover non-pecuniary loss (losses that are not easy to calculate in monetary terms and are calculated for after the trial). E.g. pain and suffering and loss