Visitors

• Introduction


  Occupiers Liability Act 1957

  • Section 2(1) - Occupier of premises owes a common duty of care to visitors
  • Occupier - A person who has some degree of control over the premises - Wheat v Lacon
  • Section 1(3) Premises - Fixed or moveable structure including any vessel, vehicle or aircraft (and gardens)
  • Visitor - Anyone invited or permitted to be on the land (expressed or implied)
• Common Duty of Care

  Section 2(2)

  • Duty to take care in the case is reasonable to see that the visitor will be reasonably safe in using the premises for purposes permitted
  • Only applies if injury is due to state of premises
• Children


  Section 2(3a)

  • Occ must be prepared for children to be less careful than adults as they may not see dangers or appreciate risks
  • Glasgow Corporation v Taylor - allurement
  • Phipps - Very young children should be under supervision of parents
• Experts


  Section 2 (3b)

  • Role v Nathan - Occ may expect specialist visitor (expert) will be aware and protect against risks "within the exercise of his calling"
• Negligence of Independent Contactors

  Section 2 (4b)

  • Occ not liable for loss or injuries suffered by visitors due to negligence of an independent contractor
  • 3 conditions
  • Haseldine v Daw - Must be reasonable for occ to have entrusted the work of IC
  • Bottomley v Todmorden Cricket Club - Occ must take reasonable steps to satisfy himself that IC was competent to carry out the work
  • Woodward - Occ must check work has been properly done (more complicated the work, less reasonable to expect it to be checked)
• Defences


  Warnings - Section 2(4)

  • Role v Nathan - Effective and suffiecient

  Volenti Nonfit Injuria - Consent

  • Simms v Leigh RFC

  Exclusion Clauses

  • Valid for residential, not business

  Contributory Negligence (CN Act 1945)

  • Taylor - Courts reduce damages if visitor is partly to blame
• Damages


  Remoteness Test

  • Reasonably foreseeable - Wagon Mound
  • Precise way does not need to be foreseen - Hughes

  Special/General damages