occupiers liability

• Occupier's liability


  Liability of an occupier of land for the loss, injury or damage to property suffered while on the occupier's premises to the claimant
• Occupier's Liability Act 1957


  • Concerns the duty of care owed to lawful visitors
• Occupier's Liability Act 1984


  • Concerns the duty owed to trespassers
• Occupier


  A person who has occupation or control of premises
• Premises


  Fixed or moveable structure, including any vessel, vehicle or aircraft
• Lawful visitors


  • Invitees
  • Licensees
  • Those with contractual permission
  • Those with statutory/legal right of entry
• Duty of care (Occupier's Liability Act 1957)

  Occupier must make the premises reasonably safe for lawful visitors and any authorised activities associated with the visit
• Special categories of visitors

  • Children
  • Workers (Expert visitors)
  • Independent contractors
• Duty owed to children

  Occupier must keep premises reasonably safe for children, as they are less careful than adults and can be attracted to danger
• Duty owed to workers

  Occupier should expect any tradesperson/expert to know the risks associated with their job and should be able to protect themselves
• Independent contractors


  Someone who comes onto the property, does some work, and as a result of their work another person is injured. The occupier is not liable if it was reasonable to entrust the work to the contractor, the occupier took reasonable steps to ensure the contractor was competent, and the occupier checked the work was properly done.
• Warnings


  Occupier can avoid liability if they provide a warning that is sufficient to enable the visitor to be reasonably safe
• Exclusion clauses


  Contractual terms that attempt to restrict or exclude the occupier's liability, subject to various restrictions
• General defences


  • Contributory negligence
  • Volenti non fit injuria (voluntary assumption of risk)
• Occupier's Liability Act 1984


  Provides a limited duty of care towards trespassers, as occupiers are entitled to act reasonably in their own protection
• Duty to trespassers


  Occupier must be aware of the danger, know the trespasser is in the vicinity, and the risk is one against which they may be expected to offer some protection
• Courts expect adults to be more careful and aware of obvious risks, so many claims by adult trespassers are unsuccessful
• Occupier can avoid liability to trespassers through warnings or defences like contributory negligence and volenti non fit injuria
• What was the only topic for the evaluation question in the 2022 exam?


  Occupiers' Liability
• Why is it important to prepare for the evaluation of occupiers' liability?


  It had never come up in the exam before.
• What preparations should you complete for the evaluation of occupiers' liability?


  • Read through the PowerPoint
  • Review the new textbook pages
  • Complete planning sheets
  • Finish the practice question
  • Be aware of potential question types
• What are the two statutes governing occupiers' liability?


  1957 (Lawful Visitors) and 1984 (Trespassers)
• What does the existence of two statutes imply for exam questions on occupiers' liability?


  Questions could focus on one act or be general.
• What are some general points about occupiers' liability that should be understood?


  • Similar to negligence but arises from the state of premises
  • Duty imposed by statute rather than common law
  • Ethical considerations regarding trespassers' claims
  • Special rules for independent contractors
• What should you remember to include in your evaluation essays on occupiers' liability?


  • Appropriate AO1
  • Reference to specific duty of care (s.2(2) for lawful visitors, s.1(3) for trespassers)
  • Reference to special duties (children, experts)
• What was a question that came up in the 2022 exam regarding occupiers' liability?


  Discuss the extent to which the Occupiers’ Liability Act 1984 is fair on occupiers.
• What are some types of questions that could be asked in an evaluation essay on occupiers' liability?


  • Is the OLA 1957 fair to occupiers?
  • Is the OLA 1984 fair to occupiers?
  • Are children sufficiently protected by the OLA 1957 and OLA 1984?
  • Compare the OLA 1957 and the 1984 Act.
• What should you include in the introduction of an evaluation essay on occupiers' liability?

  • Description of Occupiers’ Liability
  • Explanation of the two acts and their functions
  • Plan out your paragraphs (4-5 well-developed)
• What is the common duty of care owed to lawful visitors under s.2(2) of the OLA 1957?


  To take such steps as are reasonable to ensure the visitor is reasonably safe.
• What is the significance of the case Wheat v Lacon (1996) in relation to occupiers' liability?


  It defines who is considered an occupier.
• What does s.1(3)(a) of the OLA 1957 define?


  It defines premises.
• What types of lawful visitors are identified in the evaluation of occupiers' liability?


  Invitee, Licensee, Contractual/Statutory visitors.
• How does the standard of care differ for children under the OLA 1957?


  It is based on the age of the child.
• What is the duty owed to a lawful visitor according to s.2(2) of the OLA 1957?


  To ensure the visitor is reasonably safe for the purpose for which they are invited.
• What is the significance of the case Laverton v Kiapasha (2002) in relation to lawful visitors?


  It illustrates the common duty of care owed to lawful visitors.
• What does s.2(3)(a) of the OLA 1957 state regarding children?


  They must be kept reasonably safe for their age.
• What is the duty owed to workers under s.2(3)(b) of the OLA 1957?


  They must appreciate and guard against any risks.
• What are the three requirements for independent contractors under s.2(4)(b) of the OLA 1957?


  Occupier must not have created the danger, must have taken reasonable steps to ensure safety, and must have checked the contractor's competence.
• What are some defenses available to occupiers against claims from lawful visitors?


  Volenti, Contributory Negligence, Exclusion Clauses, and Warning Notices.
• What are the remedies available under occupiers' liability?


  Personal injury and damage to property.