Occupiers’ Liability 1957

• s.2(1) - occupier owes a common duty of care to all lawful visitors
• Occupier:

  • someone who has possession or control over the land - Harris v Birkinhead
  • there can be more than one occupier - Wheat v E.Lacon
• Premises: wide definition and includes houses, ladders, e.t.c. - Wheeler v Copas
• Lawful visitor - someone who has implied permission to be on the land

  • Dean v Rochester - occupier must keep lawful visitor reasonably safe from a real source of danger
• s.2(2) - occupier has a common duty of care to keep the visitor reasonable safe for the purpose of their visit
• s.2(3)(a) - Children: an occupier should be prepared for children to be less careful so they should take greater care - Glasgow Corp v Taylor

  • Phipps - very young children should be under parental supervision
• s.2(3)(b) - Experts (they injure themselves): an occupier can expect that experts should be aware of any risks in relation to their calling and guard against them - Roles v Nathan
• s.2(4)(b) - Independent Contractors (expert injures a third person) - an occupier can avoid liability if:

  • the occupier shows it was reasonable to hire the contractor - Haseldine v Daw
  • they checked the contractor's competency - Bottomley v Todmorden Cricket Club
  • they checked that the work was properly done
• Contributory negligence (Defence) - refer to the Law Reform (Contributory Negligence) Act 1945
• Consent/volenti (Defence) - C consents to the danger: they had full knowledge, exercised free will and voluntarily accepted the risk
• Warning notices (Defences) - s.2(4) they must be enough to make the visitor feel safe