Occupiers Liability Act 1957: Visitors

Learning Objectives By the end of the session you should be able to: Name the two statutes covering occupiers liability. Identify the difference in scope of the two statutes. Describe who is an occupier. Describe who is a visitor under the Occupiers Liability Act 1957. Explain the common duty of care under the Occupiers Liability Act 1957. Explain the meaning of the term ‘reasonable’. Explain the application of the common duty of care to children.

A Tort Covered by Statute Law The tort of negligence comes from the common law. However, occupier’s liability comes from both statute law and the common law.   This area of tort involves the liability of an occupier to both visitors and persons other than visitors to his or her premises.

The Key Statutes The two key statutes are: 1. The Occupiers Liability Act 1957 which covers visitors 2. The Occupiers Liability Act 1984 which covers persons other      than visitors.

Occupiers Liability Act 1957 This presentation is about the Occupiers Liability Act 1957 This act concerns the duty owed to visitors [A ‘visitor' is often referred to as a ‘lawful visitor’ in textbooks in order to distinguish him/her from unlawful visitors or trespassers.]

Who is an Occupier? The Occupiers Liability Act 1957 does not define who the occupier is, but it does state that the rules of common law shall apply - s 1(2). The test to be applied is occupational control. In words: who has control over the premises?

Who is an Occupier? In Wheat v Lacon & Co four categories of occupier were identified: If a landlord lets premises then the tenant will be the occupier. If a landlord who lets part of a building retains certain areas (such as an entry hall) then the landlord will be the occupier in respect of those areas. If an owner licenses a person to use premises but reserves the right of entry then the owner remains the occupier. If contractors are employed to carry out work on premises, the owner will generally remain the occupier, although there may be circumstances where the contractor could be the occupier.

Discussion Question Who do you think would be classified as a (lawful) visitor? Hint: Consider how a person might have express or implied permissions.

Who is a Visitor? Under the common law, a visitor is a person who has express or implied permission to enter the premises. Under the Occupiers Liability Act 1957 persons who have a right to enter premises conferred by law (e.g. fire fighters and police officers) are lawful visitors.

The Common Duty of Care The Occupiers Liability Act 1957 s2 imposes a common duty of care that is owed to lawful visitors: (1) An occupier of premises owes the same duty, the “common duty of care”, to all his visitors, except in so far as he is free to and does extend, restrict, modify or exclude his duty to any visitor or visitors by agreement or otherwise. (2)The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.

The Common Duty of Care The Occupiers Liability Act 1957 lays down guidelines in applying the common duty of care: S2(3)(a) An occupier must be prepared for children to be less careful than adults. S2(3)(b) An occupier can expect a person in the exercise of his calling, to appreciate and guard against any special risks ordinarily incident to it. S2(4)(a) A warning may discharge the duty of care. S2(4)(b) The occupier is not liable for the fault of an independent contractor provided he or she acted reasonably in entrusting the work to a contractor and took reasonable steps to ensure that the contractor was competent and the work was properly carried out.

What is the meaning of ‘reasonable’? There are a number of references in the Occupiers Liability Act 1957 (as there are in other acts and in the common law) to ‘reasonable’. What is the meaning of ‘reasonable’?

The Man on the Clapham Omnibus Activity Use a dictionary to find out the meaning of ‘omnibus’. Use a multimedia device to access Lord Reed’s explanation of the ‘reasonable man’ test in Healthcare at Home Limited v The Common Services Agency [2014] UKSC 49 paras 1-4 https://www.supremecourt.uk/decided-cases/docs/UKSC_2013_0108_Judgment.pdf

Special Categories: Children Children do not form a special category on their own, but the Occupiers Liability Act 1957 s2(3)(a) states that occupiers must be prepared for children to be less careful than adults.

Activity Use a textbook or a multimedia device to research the following cases: Hasledine v Daw [1941] Phipps v Rochester [1955] Wheat v Lacon & Co [1966] Glasgow Corporation v Taylor [1992]