occupiers' liability 1957

• Occupiers

  The occupier is usually the owner or tenant of the premises.

  There can only be one occupier = Case - Wheat v E Lacon & Co. Ltd.

  Occupier must be in 'effective control' of the premises. This doesn't mean that the occupier must physically be at the premises, but they must ultimately have the ability to control it. = Case - Harris v Birkenhead Corporation

  Just because an occupier has effective control over premises does not mean they will be liable for every injury on those premises = Case - Bailey v Armes
• Premises


  The 'premises' is the location the injury occurred. Typically, these will be obvious locations such as houses, offices, buildings and land but lifts and ladders have also previously been held to be premises.

  Section 1(3) of the Occupiers' Liability Act 1957 - this references a premise as being 'any fixed or moveable structure, including any vessel, vehicle or aircraft'.

  We need to make sure that it is the premises that is causing danger = Case - Revill v Newberry
• Occupiers' Liability Act 1957 - Lawful Visitors


  The Occupiers' Liability Act 1957 applies to lawful visitors. These are people who have been given permission to be on the land.

  Section 2(1) of the Occupiers' Liability Act 1957 - 'common duty of care to all visitors'

  The categories of visitors that an occupier might have are: adult visitors, child visitors, workers.
• Occupiers' Liability Act 1957 - Adult visitors


  Invitees - these are people who have been invited to enter and have expressed permission to be there.

  Licensees - these are people who may have express or implied permission to be on the land for a particular period.

  Those with contractual permission - examples include people who have bought an entry ticket for an event e.g. concert.

  Those given a statutory right to entry - these include people such as meter readers or the police exercising a warrant.
• Occupiers' Liability Act 1957 - Adult visitors

  The 'common duty of care' that is owed to adult visitors is defined within the Act as well.

  Section 2(2) of the Occupiers' Liability Act 1957 - 'the visitor will be reasonably safe in using the premises for the purposes to which he is invited or permitted.'

  For adult visitors, the occupier needs to make sure the premises are reasonably safe.
• Occupiers' Liability Act 1957 - Adult visitors


  When assessing 'reasonably safe', this does not mean that the occupier must make the premises completely safe. The occupier only needs to do what is reasonable = Case - Laverton v Kiapasha Takeway Supreme

  Occupiers can only take reasonable precautions as there will only be so much that is feasible for an occupier to do. Therefore, the risk of injury will most likely be foreseeable for it to become feasible for an occupier to act on = Case - Dean and Chapter of Rochester Cathedral v Debell
• Occupiers' Liability Act 1957 - Child visitors

  The common duty of care that occupiers owe also extends to lawful child visitors. However, there is an additional special duty owed to child visitors.

  Section 2(3)(a) of the Occupiers' Liability Act 1957 - 'an occupier must be prepared for children to be less careful than adults'.

  This means that an occupier must make sure that the premises are reasonably safe for a child of that age.

  This standard of care is higher than for adult visitors.
• Occupiers' Liability Act 1957 - Child visitors

  Occupiers need to be mindful of any kind of 'allurement' or attraction which may place a child visitor at risk of harm = Case - Glasgow Corporation v Taylor

  Even with an 'allurement', the occupier will not be liable if the damage or injury suffered is not foreseeable = Case - Jolley v London Borough of Sutton

  The Courts do take into account whether the child should have been under the supervision of a parent or another adult = Case - Phipps v Rochester Corporation
• Occupiers' Liability Act 1957 - Workers

  The common duty of care also extends to workers.

  These workers could be those as part of the premises (e.g. employees of a business) or tradesman coming onto the premises (e.g. independent contractors).

  Section 2(3)(b) of the Occupiers' Liability Act 1957 - 'will appreciate and guard against any special risks'.
• Occupiers' Liability Act 1957 - Workers

  An occupier will not be liable where a worker had failed to guard themselves against risks which they should know about or be expected to know about.

  This gives an occupier a defence where the worker is injured by something related to their area of work or speciality. If the worker is injured by something else, the occupier may still be liable = Case - Roles v Nathan
• Occupiers' Liability Act 1957 - Defending against the negligent work of independent contractors

  If a lawful visitor is injured by a worker's negligent work, whilst on the occupier's premises, then the occupier may not be liable for the lawful visitor's injuries. Rather, the independent contractors may instead be liable; this also gives the occupier a defence.

  Section 2(4) of the Occupiers' Liability Act 1957.
• Occupiers' Liability Act 1957 - Defending against the negligent work of independent contractors


  For the occupier to push the blame off themselves, and onto the independent contractor, they must prove the following three things occurred:

  1. The work given by the occupier must be reasonable for the independent contractor.
  2. The independent contractor must be competent to carry out the task.
  3. The occupier must check the work has been done properly.
• Occupiers' Liability Act 1957 - Defending against the negligent work of independent contractors

  1. The work given by the occupier must be reasonable for the independent contractor

  The work given to the independent contractor must be work which they can complete. If the work is specialist, then the occupier is expected to give the work to a specialist = Case - Haseldine v Daw & Sons
• Occupiers' Liability Act 1957 - Defending against the negligent work of independent contractors

  2. The independent contractor must be competent to carry out the task

  The occupier should check that the contractor is legitimate through checking references, reviews or trade associations. The occupier should also check the contractor has insurance = Case - Bottomley v Todmorden Cricket Club
• Occupiers' Liability Act 1957 - Defending against the negligent work of independent contractors


  3. The occupier must check the work has been done properly

  The occupier needs to check that the work has been completed properly. If the occupier is unsure how to check technical pieces of work, then they should employ an expert to do those checks e.g., a surveyor or architect = Case - Woodward v The Mayor of Hastings