Occupiers liability 1957

• occupier is responsible for any injuries that happen on their premises
• S2(2) duty is to take such care to keep the visitor reasonably safe in the premises. Kiapasha v laverton
• Occupier: s1(2) person occupying or in control of the premises wheat v lacon
• Premises: s1(3) fixed or moveable structures any vessel and vehicle
• Lawful visitor: adults, invitees, licensees, children and skilled visitors.

  adults are expected to show a reasonable level of responsibility

  dean and debell
• s2(3) occupier must be prepared for children to be less careful. They still need to be kept safe

  Glasgow v taylor
• Skilled visitors: s2(3)occupier can expect a person to appreciate and guard against any risks
• Lawful visitor may become a trespasser ifnthey go beyond permission given
• Independant contractors: no liability if they do faulty work s2(4)

  • Occupier acted reasonably entrusting the work Haseldine v daw
  • Contractor is competent bottomley v tommorden
  • Occupier takes reasonable steps to check the work was done properly woodward v mayor
• if occupier give warnings to the visitors they may not be liable for the damage darby v national trust

  sometimes a warning may be insufficient to protect visitor rae v marrs