Occupiers liability

• Intro 


  *Identify c+d

  *Explain why OL is relevant

  (defendant is occupier)

  Lawful visitor- 1957

  Tresspasser- 1984

  *Lawful visitor can become tresspasser
• Lawful visitor


  *Common duty of care owed to all lawful visitors- S.2(2) To take reasonable care to ensure all visitors are safe (Laverton)

  *Children S.2(3)a (Jolley v Sutton)

  *Professionals S.2(3)b (Roles v Nathan)

  
  

  Then apply- did D breach his duty
• Tresspassers


  Duty of care not owed automatically only if these 3 conditions are met S.1(3)

  *D is aware of danger, believes it exists (Rhind v Astbury)

  *Believes trespasser may be in vicinity of danger (Higgs v Foster)

  *He/she may be expected to guard against it (Tomlinson v congleton)

  S.1(4) take reasonable care in the circumstances to see that the tresspasser is not injured
• Defences for a lawful visitor- overall

  *Independent contractor

  *Warning notice

  *Exclusion causes

  *Contributory negligence

  *Consent
• Defences- independent contractor

  (danger was created by an independent contractor)

  Defence provided if 3 conditions are met:

  1. It was reasonable to hire a contractor
  2. Reasonable precautions were taken to ensure contractor was competent
  3. If nature of work allows, reasonable checks were taken to inspect work (Haseldine v daw)
• Defences- Warning notice


  S.2(4)a, 1957, says, if the occupier gives effective, sufficient warning of the danger than their duty will be discharged (Staples v West Dorset)
• Defences- exclusion causes

  An exclusion clause may operate to restrict or prevent a duty from  arising in the first place. Occupiers of residential properties can  restrict liability for death, personal injury and property damage.  However, the Consumer Rights Act 2015 prevents businesses from  restricting liability for death or personal injury on their premises
• Defence- contributory negligence


  Courts will consider the degree of care a reasonable visitor can be expected to take for their own safety
• Defence- consent

  applies if claimant willingly took risk
• Defences, tresspasser

  *Warning notice (West wood v post office)

  *Contributory negligence

  *Consent