occupiers' liability

• occupiers' liability

  claims arisen through accidents caused by the dangerous conditions of the premises
• two acts of parliament

  occupiers' liability act 1957 - common duty owed to lawful visitors

  occupiers' liability act 1984 - limited duty of humanity owed to trespassers
• s.1(2) OLA 57 what is an occupier?

  someone who has a sufficient degree of control over the premises
• occupier's control over premises

  usually someone with physical control, could be independent contractor

  (wheat v lacon ltd)
• 1 premises

  s.1(3) 57

  land

  buildings

  fixed or moveable structure

  vessel, vehicle, aircraft

  ladder (wheeler v copas)
• 2 lawful visitors

  invitee - was requested to enter

  licensee - permitted

  legal right - postman, policeman

  implied permission - (lowery v walker)
• 3 what is a trespasser?

  someone without permission to be on the premises
• The Calgarth


  a lawful visitor can become a trespasser
• how can a lawful visitor become a trespasser?

  straying into part of the premises not included

  using premises in unauthorised manner

  if permission is withdrawn whilst they're still on property