Occupiers Liability Problem Question PDF

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Occupiers Liability: if the harm results (even partly) from a danger presented by the state of the premises where the harm occurs then that is (also) a question of Occupiers’ Liability. Type of Damage to the claimant a. Must be personal damage Did it occur on the premises any fixed or moveable struc...

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Occupiers Liability: if the harm results (even partly) from a danger presented by the state of the premises where the harm occurs then that is (also) a question of Occupiers’ Liability. 1. Type of Damage to the claimant a. Must be personal damage 2. Did it occur on the premises any fixed or moveable structures – Jolley v Sutton London Borough Council 2001, Gwilliam v West Hertfordshire Hospitals NHS Trust a. Occupiers Liability Act 1957 s1(3) b. Occupiers Liability Act 1984 s1(2) 3. Who is an occupier – someone who has some degree of control over the premises – Wheat v Lacon & Co Ltd. 1966 a. OLA 1957 s1(2) b. OLA 1984 s1(2)a 4. What type of visitor is on the premises a. Lawful visitors – OLA 1957 s1(2), s(5) b. Unlawful Visitors – OLA 1984 s1(1)(a) *** what about the highway stuff??? 5. Duty of Care a. Lawful visitor – Common duty of Care – OLA 1957 s2(1), Bowen v National Trust 2011, Kiapasha (t/a takeway) Supreme v Laverton 2002 i. Standard Care – Claire v Perry 2005 ii. Higher duty of care owed 1. Vulnerability – Pollock v Cahil 2015 2. Children – OLA 1957 2(3)(a), Glasgow Corporation v Taylor Bourne Leisure Ltd v Marsden 2009, Phipps v Rochester Corporation 1955 iii. Skilled Visitors – expected to guard against special risks associated with their profession – Roles v Nathan 1963, Salmon v Seafarer Restaurant 1983 b. Unlawful Visitor – OLA 1984 s1(4), Glasgow Corporation v Taylor 1922, Jolley v Sutton London Borough Council i. Aware of danger (or has reasonable grounds to believe it exists) – Rhind v Astbury Water Park Ltd 2004 ii. Knows (or has reasonable grounds to believe) a non visitor is ( or may be ) in vicinity of danger – Swain v Puri 1996, Donoghue v Folkstone Properties Ltd 2003 iii. The risk is one the occupier may be reasonably expected to protect against – Simmons v Isle of Wight Council 2003 c. Duty of care only extend to state of the premises not activities – Keown v Coventry National Health NHS Trust 2006 6. Discharging Duty a. Starting point – Bowen v National Trust 2011 b. Warnings i. Lawful visitors – OLA 1957 s2(4)(a) 1. Only required for dangers that are not obvious – Heritage v Taylor 2016, Staples v West Dorset District Council 1995, Darby v National Trust 2001 ii. Unlawful Visitors – OLA 1984 s1(5) – only require danger be brought to the trespassers attention

7. Exclusion of Liability a. OLA 1957 i. Occupiers can extend, restrict, modify or exclude liability for non-business premises – OLA 1957 s2(1) 1. Exclusion for business subject to Unfair Contract Terms Act 1977 s2(1), 2(2) ii. Independent Contractors – OLA 1957 s2(4)(b) 1. Ensure Contractor Has insurance - Gwilliam v West Hetfordshire Hospitals NHS Trust 2002 2. Unlikely to Ensure contractor has insurance – Naylor v Payling 2004, Glaister v Appleby-in-Westmoreland Town Council b. Contributory Negligence i. Implied by OLA 1957 s 2(3)...