Occupiers’ Liability 1957

Cards (11)

  • 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