Occupiers Liability

Occupiers Liability

Obligation to ensure that their land in not hazardous to others
1. Governed by statute law as the Occupiers Liability Act 1957
  1. Supplemented by the Occupiers Liability Act 1984 , to include trespassers
  2. Prior to this , the extent of liability owed by an occupier depend upon the nature of the relationship with the person injured
    1. Occupiers Liability Act 1957 defined two catargories
      1. Lawful vistor's , protested by the act
      2. all others , who were not protected ( most of these are now protected by OLA 1984)
  3. Purpose of act is to regulate the duty which an occupier of premise owes to his visitors in respect of dangers die to the state of the premise or to things done or omitted to them
Occupier - a person who exercises and element of control over premises
1. Includes Physical and Legal Control
2. Premises - is wide and covers not only land and buildings but also ' any fixed or movable structure, including any vessal, vehicle, or aircraft : SECTION 1 (3)(a), OLA 1957
Visitors
1. Express Permission - straightforward but can be complicated if the visitor behaves in a way that exceed the extent of permission given
  1. 'When you invite a person into your house, to use the stairs you do not give him permission to slide down the banisters ( The Calgarth [1927] p93 (CIA0
2. Implied Permission - problematic as involves thoses who have not be prohibited from entering but not expllictly invited and who are assumed not to be a objectionable to the occupier
  1. subject to limitation , which if exceed render the person a trespasser . this is likely to include situtations as ' entry to parts of the property that have no relation to the purpose of the visit
    1. Harvey v Plymouth City Council [ 2010] ewca civ 860, [2010] piqr p18
      1. held that any implied permission to enter must be exercised properly - The duty to ensure the land was safe for visitors to enter is limited to ordinary use of land
        Canworth LJ , implied licence for general recreational activities cannot in my view, be stretched to cover any form of activity , however reckless
        if an occupier knows his land is used by trespassers but does nothing to prevent them from entering this may amount to implied permission to enter as in Lowery v Walker [1911] ac 10 (hl)
3. right to enter- law gives rights of entering to certian categories of people which the definition of lawful visitor irrespective of the wishes of the occupiers - eg . police entering under warrent
Duty Of Care
1. OLA 1957 SECTION 2 (2)
  1. common duty of care is to take such care as in all circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted by the occupier to be there
2. although there is similarity within the standard of care in negligence , there is also an important distinction as an occupier is empowered by statute to determine his liability SECTION 2 (1), OLA 1957 provides that an occupier may extent, restrict, modify or exclude his duty to a visitors by agreement or otherwise
3. as the occupier controls the extent of the permission to enter, a visitor who acts in contary to this becomes a trespasser
4. the duty is to ensure the visitor is not injured whilst on the premises. this is not the same duty to ensure the premises are safe, so duty may be satisifed if warning signs are displayed , dangerous areas cornered off
  1. Occupiers Liability Act 1957 , section 2 (4)(a) - when damage is caused to a visitor by a danger which he has been warned, the warning is not treated without more as absolving the occupier from liability , unless in circumstances it was enough to make the visitor safe
5. situtations which common duty differs i.e children and skilled visitors
  1. CHILDREN - an occupier must be prepared for children to be less careful than an adult SECTION2(3)(A) OLA 1957 implying that a greater care may be needed to protect then from harm, case law has sought to balance responsibility between occupiers and parents
    1. Phipps v Rochester Corp [1955] 1 QB 450 (DC)
      1. court held - defendant was entitled to assume parents would take primary reponsibility for safety and control of child , by allowing child to play on a building sight there was no liability as defendant not expected to protect agaisnt unforeseeable risk
        policy behind decision was that it was not social desirable for parents to shift burdon of protecting thier children to landowners
    2. level of care expected depends upon nature of risk , age of child and thier awareness.
  2. Skilled Workers - an occupier may expect that a person in the exercise of his calling will appreciate and guard against any special risks ordinarily incident to it : Section 2 (3)(B) OLA 1957
    1. law expects skilled workers who expertise give them greater awareness of risk than ordinary visitors to take pre cautions to protect themselves. This does not mean occupiers have no duty towards skilled workers, it depends on the nature of the risk
Occupiers Liability Act 1987
1. extended protection of the law to cover, trespassers , people lawfully exercising private rights of way & visitors to land covered by SECTION 60 of the NATIONAL PARKS & ACCESS TO THE COUNTRYSIDE ACT 1949 and the 'RIGHT TO ROAM ' legislation
2. a trespasser is someone who goes on the land without invitation of anysort and whose presence is either unknown, or if known practicularly objected to : Robert Addie & sons ( Collieries) Ltd v Dumbreck (1929) AC 358 (HL)
3. Duty of Care
  1. section 1 (3) OLA 1984 outlines 3 conditions that must be satisfied for uty to arise
    1. Occupier must be aware of the danger or have reasonable grounds to believe it exists (SUBJECTIVE)
    2. he Knows or has reasonable grounds to believe a trespasser is in the vicinity of the danger (SUBJECTIVE)
    3. the risk is one against which , in all circumstances , he may reasonably be expected to offer some protection (OBJECTIVE,based on reasonable Occupier)

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