TORT LAW
OCCUPIERS' LIABILITY
Statutory branch of negligence
The Occupiers' Liability Act 1957 - provides that an occupier of premises owes a duty of care to lawful visitors, and if that duty is breached resulting in the visitor suffering damage or loss then the visitor is entitled to receive compensation
Occupiers' Liability Act 1984 - set outs a different set of rules regarding trespassers who are injured on the occupiers property. This is more complex
WHAT ARE OCCUPIERS
Potential Defendants are the same under either Act - they will be occupier of premises who may be, but do not have to be, the owner or tenant of the premises. There is in fact no statutory definition of "occupier" in either of the acts
Wheat V Lacon - An occupier is a person in control of the premises
Bailey v Arms - a decision of who is in control of premises may be influenced by whose insurance policy covers the premises, however, sometimes the court may find that no one is in control of the premise of the premises leaving the injured visitor no claim
WHAT ARE PREMISES
Section 1(3)(a) - reference to a person have occupation or control of any "fixed or moveable structure"
Wheeler v Copas
OCCUPIERS' LIABILITY TO LAWFUL ADULT VISITORS
Lawful adult visitors include
Invitees
Licensees
Those with contractual permission
Those given a statutory right of entry
Section 2(1) a - common duty of care is owed to all lawful visitors
Take such care as in all the circumstances...is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited..to be there
Laverton v Kiapasha Takeaway Supreme - the shop had taken reasonable precaution and there is also a duty on customers to take reasonable care regarding their own safety
Dean and Chapter of Rochester Cathedral v Debell - tripping, slipping and falling are everday occurances. No occupier of premises like the cathedral could possibly ensure that the roads or the precincts around a building were maintained in pristine state.
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