Occupiers Liability 1957

• Occupier

  Person who is in control of the premises

  Don't need to be living in the Premises.
• Premises

  A fixed or moveable structure
• Type of lawful visitor

  Invitees - Have expressed permission

  Licenses - Have expressed or implied permission for a specific time

  Contractual Permission - Someone who has bought a ticket

  Statutory right - Bailiffs, Police exercising a warrant
• Standard of Care

  Adult - Premises must be reasonably safe

  Children - Premises must be reasonably safe for a child of that age

  Tradesman - Same duty as adults but traders have to guard themselves from associated risks with their trade.

  Independent contractors
• Adult

  Rochester Cathedral: Cathedral wasn't liable as trips and falls are an everyday occurrence
• Child

  Children age between 2 and 4: Occupier will not be liable as the children should be under the supervision of a parent or guardian.
• Child

  Allurements: Occupier would be liable if there was anything that would attract a child to it. Eg Berries, boats.

  Taylor- His son died as a result of eating berries in a park. D did not take action to warn parents of the dangers.
• Tradesmen

  Roles: Chimney sweepers were told there was a risk of Carbon Monoxide poisoning but went up anyway. Occupier was not liable
• Independent contractor


  3 part test: Liability can be passed onto independent contractor if

  1: Acted reasonably in entrusting the contractor

  2: Taken reasonable steps to satisfy the contractor was competent

  3: Taken reasonable steps to inspect their work
• Defences:


  Consent

  Contributory Negligence

  warning notices

  Exclusion clauses