Occupiers' Liability

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Occupiers’ Liability

Lawful Visitor

Express or implied

Repeated visits

Lowery v Walker

Doctrine of allurement – children

Jolley v Sutton

Entry in order to communicate

Robson v Hallett

Statutory powers of entry

Trespasser

Enters without invitation

Whose presence is unknown to

occupier or objected to by e.g locked gate, sign

Limit as to area

Pearson v Coleman Bros

Limit as to time

Limit as to purpose

Tomlinson

OLA 1957

Duty of care – occupier owes DoC

to all lawful visitors to keep them reasonably safe on the premises.

Occupier = person who controls

the premises – Wheat v Lacon

Premises = any land or buildings

Discharging duty

Standard of care of reasonable

occupier

Blyth v Birmingham Waterworks

Warnings/signs

Woolins v British Celanese

Children

Moloney v Cambeth LBC

Specialist visitor undertaking

job

Roles v Nathan

Causation and remoteness

But-for test – Barnett

Multiple causes – Evans v Triplex Safety Glass

Reasonably foreseeable damage – Wagon Mound

Damages

Personal injury

Property damage

Defences

Contributory negligence – Phipps v Rochester

Consent

Independent contractors – Haseldine v Daw

Remedies

Payment reduced if contributory

negligence applies

OLA 1984

When is duty of care owed?

When injury is caused by

dangerous state of premises not dangerous activites of claimant – Keown

D aware of danger

D aware of people in the vicinity

of the danger – Scott v ABP/Donoghue v Folkestone

Danger is one D would be

reasonably expected to protect against

Duty of care

Occupier owes duty of care to

trespasser to keep them reasonably safe in respect of the danger on the

premises.

Occupier = person who controls

premises – Wheat v Lacon

Premises = any land or buildings

Duty of care discharged?

Judge against the standard of

care of reasonable occupier – Blyth v

Birminghaam Waterworks

Platt v Liverpool –

reasonable steps taken to protect C. D does not have to protect against

determined and irresponsible minority.

Bolton v Stone – C does

not have to take all precautions

Latimer v AEC – D should

take practical and reasonable precautions

Tomlinson – signs

Causation and Remoteness

But-for test – Barnett

Multiple Causes – Evans v Triplex Safety Glass

Reasonably foreseeable damage – Wagon Mound

Damage

Personal injury

Can’t claim for property damage

Defences

Contributory negligence

Consent – Ratcliff v McConnell

Remedies – damages payable for

loss