Occupiers Liability (both acts)

• Occupier


  Someone who resides in or uses a property as its owner or tenant
• Occupier


  • Someone who owns their home and lives in it
• Occupier


  • Responsible for the safety of any visitors to the property
  • Owes a basic duty of care to all adult visitors
  • Owes different duties to children and workmen
  • Owes a different duty to trespassers
• Occupiers' liability


  A branch of negligence created by 2 separate statutes: The Occupiers Liability Act 1957 (lawful visitors) and The Occupiers Liability Act 1864 (trespassers)
• If a visitor to a property is injured

  They may be able to claim against the occupier for damages (compensation)
• Occupier (under the Occupiers Liability Act 1957)


  Potential defendants, focus is on who is in CONTROL of the property, can be more than one occupier
• Occupier


  • Manager of a pub renting out rooms
  • Local council that served a compulsory purchase notice on a house
  • Defendants living in a flat above a supermarket
• Premises


  Fixed or moveable structure, including any vessel, vehicle and aircraft, such as a house
• Lawful adult visitors


  • Invitees (invited to enter)
  • Licensees (express or implied permission)
  • Those with contractual permission
  • Those given statutory right of entry
• Lawful visitor exceeding permission

  May become a trespasser
• Children as visitors


  Age of the child will affect the standard of care that should have been taken
• Workers as visitors


  Need to decide whether the worker is injured by something related to the work, or by something else
• Duty owed to a lawful adult visitor

  Occupier should take such care in all the circumstances as is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which they are invited
• Duty owed to a lawful adult visitor

  • Occupier fitted slip resistant floor tiles and mopped the floor when it was raining
  • Occupier does not have to make the premises completely safe, just reasonably safe
• Tripping, slipping, and falling are everyday occurrences - the obligation on an occupier is to make premises reasonably safe not guaranteed safety
• How long the duty of care lasts


  The duty of care cannot last indefinitely as there could be other factors which cause the damage
• Duty owed to child visitors

  Occupier must be prepared for children to be less careful than adults and ensure the premises are reasonably safe for a child of that age
• Duty owed to child visitors

  • Glasgow Corporation v Taylor
  • Phipps v Rochester Corporation
  • Jolley v London Borough of Sutton
• Duty owed to worker visitors

  Occupier owes a common duty of care, but will not be liable where workers do not guard against risks which they should know about
• Duty owed to worker visitors

  • Roles v Nathan - occupiers not liable as chimney sweeps were warned of the danger
• Occupier's liability for work of independent contractors

  Occupier may be able to pass the claim onto the contractor if: it was reasonable to give the work to the contractor, the contractor was competent, and the occupier checked the work was properly done
• Occupier's liability for work of independent contractors

  • Hazeldine v Daw and Son Ltd - occupier not liable for specialist lift repair work
  • Bottomley v Todmorden Cricket Club - occupier liable for failing to check competence of stunt team
  • Woodward v Mayor of Hastings - occupier liable for failing to check snow clearing work
• Defences for the occupier

  • Volenti (consent)
  • Contributory negligence
  • Warning notices
  • Exclusion clauses
• Volenti (consent)


  If successfully argued, the defendant will not be liable, as the claimant has freely accepted to run the risk of injury
• Contributory negligence


  The occupier will argue the claimant is partly responsible for their own injuries, reducing the compensation amount
• Exclusion clauses


  Occupier can limit or exclude their liability for any injuries caused to the visitor, depending on the visitor's age and ability to understand
• The Consumer Rights Act 2015 sets out rules around exclusion clauses
• Contributory negligence


  The occupier will argue the claimant is partly responsible for their own injuries
• Warning notices


  The occupier can use these to restrict, modify, or exclude their duty
• Exclusion clauses


  The occupier will, either orally or in writing, be able to limit or exclude completely their liability for any injuries caused to the visitor
• S.2 (1) of the 1957 act: 'An occupier is able to restrict, modify, or exclude his duty by agreement or otherwise.'
• S.65 Consumer Rights Act 2015: 'A trader cannot by a consumer contract, or a customer notice exclude or restrict liability from a death or personal injury resulting from negligence.'
• Warning notices


  • If there is a notice warning of danger, this can be a complete defence
  • The warning must be enough to enable the visitor to be reasonably safe
• Cases involving warning notices

  • Staples v West Dorset District Council (1995)
  • Darby v National Trust
• If a C is successful, the court can award damages for personal injury and damaged property
• Occupiers Liability Act 1984

  Occupier owes a duty to trespassers on their premises
• Trespasser


  • Someone who does not have permission to be on the occupier's premises
  • Someone visiting lawfully but goes beyond their permission
• Tomlinson v Congleton Borough Council (2003): When paddling in the lake D was a lawful visitor, when he dove into the lake and started swimming, he became a trespasser
• Duty owed to trespassers

  Occupier owes a duty not to cause injury because of danger on their premises
• Trespassers can only claim for personal injury- this suggests trespassers deserve less protection than lawful visitors