Law Of Tort: Torts Affecting Land: Occupiers’ Liability:
LAW OF TORT
TORTS AFFECTING LAND
OCCUPIERS’ LIABILITY
LAWFUL VISITORS AND THE OCCUPIERS’ LIABILITY ACT 1957 – SPECIAL DUTY OWED TO CHILDREN; PERSONS CARRYING OUT A TRADE OR CALLING; LIABILITY FOR TORTS OF INDEPENDENT CONTRACTORS; EXCLUSION OF LIABILITY AND DEFENCES
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.
INTRODUCTION TO OCCUPIERS’ LIABILITY
Meaning of Occupiers’ Liability
• Occupiers’ liability concerns the duty owed by persons occupying or controlling premises towards visitors entering those premises.
• It is a branch of tort law concerned with injuries caused by dangers arising from the condition of land or activities carried out on land.
• The law seeks to balance:
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Protection of visitors.
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Rights of occupiers.
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Practical limitations on occupiers.
Historical Development
Before Statutory Reform
• Rules depended upon:
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Contract.
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Licence.
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Invitation.
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Trespass.
• Different categories received different protection.
Problems
• Complex.
• Technical.
• Difficult to apply.
Statutory Reform
Occupiers’ Liability Act 1957
Purpose
• Simplify the law relating to lawful visitors.
• Create a common duty of care.
• Replace many common law distinctions.
THE OCCUPIER
Definition
No Statutory Definition
• The Act does not define “occupier”.
Common Law Definition Applies
Leading Case: Wheat v E Lacon & Co Ltd
Facts
• Visitor died after falling down staircase.
• Question arose regarding who occupied premises.
Decision
• Occupier is person exercising sufficient control over premises.
Principle
• Control rather than ownership determines occupation.
Important Points
• Occupier need not own premises.
• More than one occupier may exist simultaneously.
Examples
• Owner.
• Tenant.
• Manager.
• Local authority.
PREMISES
Meaning
Section 1(3)(a) Occupiers’ Liability Act 1957
Premises include:
• Land.
• Buildings.
• Fixed structures.
• Moveable structures.
Examples
• Houses.
• Shops.
• Offices.
• Schools.
• Factories.
• Ladders.
• Ships.
• Aircraft.
VISITORS
Definition
Section 1(2)
• Lawful visitors are persons permitted to enter premises.
Categories
Express Permission
• Visitor invited onto premises.
Implied Permission
• Visitor enters for ordinary purposes.
Statutory Permission
• Entry authorised by law.
Examples
• Customers.
• Guests.
• Postal workers.
• Delivery drivers.
• Emergency services.
• Utility workers.
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.
THE COMMON DUTY OF CARE
Statutory Authority
Section 2(2) Occupiers’ Liability Act 1957
Definition
The occupier owes:
“A common duty of care.”
Meaning
• Occupier must take reasonable care.
• Visitor must be reasonably safe.
• Safety applies to purposes for which visitor is invited or permitted to be there.
Nature of Duty
Reasonable Safety
• Occupier is not an insurer.
• Absolute safety not required.
Reasonable Care
• Only reasonable precautions required.
Leading Case: Laverton v Kiapasha Takeaway Supreme
Facts
• Customer slipped on wet floor during snowy weather.
Decision
• No liability.
Principle
• Reasonable care required, not perfection.
Significance
• Occupiers are not automatically liable whenever accidents occur.
SPECIAL DUTY OWED TO CHILDREN
Statutory Authority
Section 2(3)(a) Occupiers’ Liability Act 1957
Occupier must:
“Be prepared for children to be less careful than adults.”
Reason For Special Duty
• Children are naturally curious.
• Children often fail to appreciate risks.
• Children may act impulsively.
Higher Standard Required
• Occupiers must anticipate foreseeable behaviour of children.
• Greater precautions may be necessary.
Leading Case: Glasgow Corporation v Taylor
Facts
• Child ate poisonous berries in public park.
• Berries appeared attractive to children.
Decision
• Occupier liable.
Principle
• Occupiers must guard against allurement.
Significance
• Classic example of special protection for children.
Allurement Principle
Meaning
• Attractive dangers may lure children into danger.
Examples
• Machinery.
• Water features.
• Abandoned vehicles.
• Poisonous plants.
Leading Case: Jolley v Sutton London Borough Council
Facts
• Abandoned boat left on council land.
• Children attempted repairs.
• Serious injury occurred.
Decision
• Council liable.
Principle
• Foreseeable that children would be attracted to object.
Significance
• Modern authority on allurement.
Parental Responsibility
General Rule
• Occupiers may expect parents to supervise young children.
Leading Case: Phipps v Rochester Corporation
Facts
• Five-year-old child fell into trench.
• Child unattended.
Decision
• Occupier not liable.
Principle
• Occupiers entitled to expect parental supervision.
Significance
• Limits occupier liability towards children.
VISITORS EXERCISING A TRADE OR CALLING
Statutory Authority
Section 2(3)(b) Occupiers’ Liability Act 1957
Rule
Occupier may expect:
• Skilled visitors to guard against risks ordinarily incidental to their work.
Meaning
• Professionals possess specialist knowledge.
• Occupiers may rely on that expertise.
Examples
• Electricians.
• Gas engineers.
• Roofers.
• Builders.
• Plumbers.
Leading Case: Roles v Nathan
Facts
• Chimney sweeps warned about dangerous fumes.
• Continued working.
• Died from carbon monoxide poisoning.
Decision
• Occupier not liable.
Principle
• Risk was directly connected to professional expertise.
Significance
• Leading authority on skilled visitors.
Limitation
• Occupier cannot rely on Section 2(3)(b) where danger falls outside professional expertise.
Leading Case: Salmon v Seafarer Restaurants Ltd
Principle
• Protection only applies where risk relates to specialist skill.
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.
LIABILITY FOR TORTS OF INDEPENDENT CONTRACTORS
General Rule
• Occupier may hire independent contractors.
• Contractors may perform:
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Repairs.
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Maintenance.
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Construction.
• Injuries may result from contractor negligence.
Statutory Authority
Section 2(4)(b) Occupiers’ Liability Act 1957
Occupier Avoids Liability If:
Requirement 1
• Contractor was competent.
Requirement 2
• Occupier took reasonable care selecting contractor.
Requirement 3
• Occupier carried out reasonable checks where appropriate.
Leading Case: Haseldine v Daw & Son Ltd
Facts
• Lift maintenance entrusted to specialist contractor.
• Lift failed.
• Visitor injured.
Decision
• Occupier not liable.
Principle
• Reasonable to rely on specialist contractor.
Significance
• Occupier escaped liability.
Leading Case: Woodward v Mayor of Hastings
Facts
• School steps inadequately cleared of ice.
• Child injured.
Decision
• Occupier liable.
Principle
• Work simple enough for occupier to inspect.
Significance
• Occupier cannot blindly rely on contractor.
Examination Rule
Technical Work
• Reliance on specialist contractor more likely reasonable.
Simple Work
• Greater inspection expected.
WARNINGS
Statutory Authority
Section 2(4)(a) Occupiers’ Liability Act 1957
General Rule
• Warning may discharge duty.
Requirement
• Warning must make visitor reasonably safe.
Important Principle
• Warning alone is not automatically sufficient.
Leading Case: Rae v Mars (UK) Ltd
Facts
• Warning given regarding danger.
• Danger not adequately explained.
Decision
• Occupier liable.
Principle
• Warning must be effective.
Significance
• Simply placing warning signs may not suffice.
EXCLUSION OF LIABILITY
General Principle
• Occupiers may attempt to exclude liability.
Methods
Notices
• Warning signs.
Contracts
• Contractual terms.
Statutory Control
Unfair Contract Terms Act 1977
Section 2 UCTA 1977
Death or Personal Injury
• Liability cannot be excluded where caused by negligence.
Other Loss
• Exclusion possible only if reasonable.
Importance
• Strong protection for visitors.
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.
DEFENCES
VOLENTI NON FIT INJURIA
Meaning
“To a willing person, no injury is done.”
Requirements
Knowledge of Risk
• Claimant understood risk.
Voluntary Acceptance
• Claimant freely accepted risk.
Leading Case: Morris v Murray
Facts
• Claimant accepted flight with drunk pilot.
Decision
• Claim failed.
Principle
• Voluntary acceptance of obvious risk.
CONTRIBUTORY NEGLIGENCE
Statutory Authority
Law Reform (Contributory Negligence) Act 1945
Definition
• Claimant contributes to own injury through lack of reasonable care.
Effect
• Damages reduced proportionately.
Leading Case: Sayers v Harlow Urban District Council
Facts
• Claimant injured while attempting escape from locked toilet.
Decision
• Damages reduced.
Principle
• Contributory negligence established.
ILLEGALITY
Principle
• Claimant may be prevented from recovering where claim arises from illegal conduct.
Leading Case: Revill v Newbery
Facts
• Burglar shot by occupier.
Principle
• Illegality may affect recovery.
EXAMINATION FOCUS
AO1 KNOWLEDGE
Students should know:
• Occupier definition.
• Visitor definition.
• Common duty of care.
• Section 2(2).
• Section 2(3)(a).
• Section 2(3)(b).
• Section 2(4)(a).
• Section 2(4)(b).
• Independent contractors.
• Exclusion clauses.
• Defences.
AO2 APPLICATION
Students should identify:
• Whether occupier exists.
• Whether claimant is visitor.
• Appropriate standard of care.
• Whether special child duty applies.
• Whether skilled visitor rule applies.
• Whether independent contractor defence available.
• Whether exclusion clause effective.
• Whether any defence applies.
AO3 EVALUATION
Strengths of the Act
• Simplified previous law.
• Flexible standard.
• Strong protection for visitors.
• Special protection for children.
Criticisms
• Distinction between visitors and trespassers remains complex.
• Reasonableness standards create uncertainty.
• Independent contractor provisions sometimes difficult to apply.
• Child cases can produce inconsistent outcomes.
EXAM QUICK REVISION LIST
Key Statute
• Occupiers’ Liability Act 1957
Key Sections
• Section 2(2) – Common Duty of Care.
• Section 2(3)(a) – Children.
• Section 2(3)(b) – Skilled Visitors.
• Section 2(4)(a) – Warnings.
• Section 2(4)(b) – Independent Contractors.
Key Cases
• Wheat v E Lacon & Co Ltd
• Glasgow Corporation v Taylor
• Jolley v Sutton London Borough Council
• Phipps v Rochester Corporation
• Roles v Nathan
• Haseldine v Daw & Son Ltd
• Woodward v Mayor of Hastings
• Rae v Mars (UK) Ltd
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.