Occupiers Liability

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  • Occupiers Liability
    • Two Types of Occupiers Liability
      • Occupiers Liability Act 1957
        • Lawful visitors
          • Lawful adult visitors include:
            • Invitees - persons invited to enter with express permission
            • Contractual permission – e.g. ticket for entry
            • Statutory right – e.g. police constable/meter readers
            • Licensees - persons with express or implied permission for a period
      • Occupiers Liability Act 1984
        • Trespassers
    • Occupiers
      • Under Section 1(2) it merely states that the rules apply ‘in consequence of a person’s occupation or control of premises…’ 
      • No statutory definition
    • Premises
      • No full statutory definition except s1(3)(a) of the 57 act
      • Reference ·        to a person having occupation or control of any fixed or moveable structure, including any vessel, vehicle or aircraft
        • Also includes: Ships in dry docks, vehicles, lifts and ladders
    • Owed duty of care under Occupiers Liability Act 1957
      • Adult visitor
        • Owed a common duty of care
        • Does not need to make them completely safe, just do what is reasonable 
        • Key cases: Laverton v Kiapasha Takeaway Supreme (2002) and  Dean and Chapter of Rochester Cathedral v Debell (2016)
      • Child visitor
        • Occupier owes common duty of care to children but additional special duty owed to child visitors
        • S2(3) OLA 57 - 'must be prepared for children to be less careful than adults [and as a result] the premises must be reasonably safe for a child of that age'
      • People carrying out a trade/ calling
        • S2(3)(b) OLA 57 – occupier can expect that a person in exercise of their calling 'will appreciate and guard against any special risks ordinarily incident to it so far as the occupier leaves them free to do so'
      • Independent contractors
        • 3 things required under S2(4) OLA
          • Occupier check works done properly
          • Contractor must be able to do the job
          • Work must be given to an independent contractor
    • Duty owed under Occupiers Liability Act 1984
      • Adult and child trespassers
        • Occupier will not be liable if the trespasser was injured by an obvious danger (Ratcliffe v McConnell (1999))
          • Occupier will not be liable if he was not aware of the danger or suspect it Rhind v Astbury Water Park (2004)
      • Trespassers
        • S1(3) Aware of danger or has reasonable grounds to believe it exists: 
          • Knows or has reasonable grounds to believe the other is in the vicinity of danger or he may come into the vicinity


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