Occupiers' Liability Overview

True (A)

The occupier breached their duty of care.

<p>duty of care</p> Signup and view all the answers

<p>Visitor = Occupiers’ Liability Act 1957 Trespasser = Occupiers’ Liability Act 1984</p> Signup and view all the answers

<p>A visitor falls down a flight of stairs due to a loose handrail. (A)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>Dangers due to the state of the premises.</p> Signup and view all the answers

<p>Trespasser (C)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>To take such care as is reasonable to ensure the visitor's safety.</p> Signup and view all the answers

<p>structures</p> Signup and view all the answers

<p>Visitor = A person who is lawfully on the premises Trespasser = A person who exceeds the permission to be on the premises Occupier = The person in control of the premises Common duty of care = The obligation to ensure visitor safety</p> Signup and view all the answers

<p>1984 Act (C)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>The visitor's reasonable safety.</p> Signup and view all the answers

<p>Visitors' damages will be reduced if they are also negligent. (B)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>One who goes upon land without invitation and whose presence is either unknown or objected to.</p> Signup and view all the answers

<p>occupiers</p> Signup and view all the answers

<p>Visitor = Someone with express or implied permission to be on the premises Trespasser = An entrant without any permission to be on the premises Occupier = The person or entity in control of the premises Premises = The property where the duty of care is applicable</p> Signup and view all the answers

<p>Going onto parts of the premises where their permission does not extend. (B)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Damages will be reduced for contributory negligence.</p> Signup and view all the answers

<p>Dangers due to the state of the premises (B)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Breach of the common duty of care</p> Signup and view all the answers

<p>1984</p> Signup and view all the answers

<p>Visitor slips on a wet floor = 1957 Act Trespasser injured while climbing a fence = 1984 Act Visitor falls through a broken step = 1957 Act Trespasser suffers injury from hidden danger = 1984 Act</p> Signup and view all the answers

<p>A visitor is hurt while engaging in a dangerous activity (A)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>To ensure the premises are safe</p> Signup and view all the answers

<p>Straying into a part of the premises not covered by their permission (C)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Contributory negligence</p> Signup and view all the answers

<p>Occupiers’ Liability 1984</p> Signup and view all the answers

<p>A guest who overstays their welcome (C)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>The occupier</p> Signup and view all the answers

<p>To take reasonable care for the visitor's safety while they are using the premises (D)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>That the occupier did not take reasonable care to prevent injury.</p> Signup and view all the answers

<p>open land</p> Signup and view all the answers

<p>A delivery driver who slips on a wet floor without warning signs (A)</p> Signup and view all the answers

<p>Visitor = Someone allowed to be on the premises for a lawful purpose Trespasser = An individual who exceeds their permission on the premises Occupier = Person or entity controlling the premises Premises = Any land and structures including vehicles and vessels</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Entering a prohibited area of the premises without permission.</p> Signup and view all the answers

The Occupiers' Liability Act 1957 sets out the duties owed by an occupier to visitors on their premises. This duty includes the obligation to ensure the premises are safe for visitors and to warn them of any potential dangers. A 'visitor' can be someone invited or someone who has implied permission to be there. The Occupiers' Liability Act 1957 doesn't cover activities carried out on the premises.

The Occupiers' Liability Act 1984 covers the duties owed by an occupier to trespassers. These duties are less extensive than those owed to visitors - the occupier only needs to take reasonable steps to protect trespassers from dangers that they are unaware of. 'Trespassers' are people who enter premises without permission.

The Occupiers' Liability Acts 1957 and 1984 cover 'dangers due to the state of the premises' and 'things done or omitted to be done on the premises'. This means that activities carried out on the premises, rather than the condition of the premises, are not covered. For example, if a visitor is injured by a vehicle while on the occupier's premises, it would not be covered by the Occupiers' Liability Act.

The Occupiers' Liability Acts 1957 and 1984 are statutory frameworks that regulate the liability of occupiers for injuries suffered on their premises. The Acts provide a set of specific duties owed by occupiers to visitors and trespassers.

The framework for analyzing a negligence claim involves identifying the elements of duty of care, breach of duty, causation, and damage. Occupiers' liability claims fit within this framework, but the specific duties owed due to the Occupiers' Liability Acts must be considered in addition.

The Occupiers' Liability Acts provide a legal framework that can be applied to analyze a set of facts involving an incident on an occupier's premises. It involves identifying the relevant Act, the status of the claimant (visitor or trespasser), the nature of the 'danger due to the state of the premises', and whether the occupier breached their duty under the Act.

A person who enters premises with the occupier's permission, but then exceeds that permission.

A person who enters premises with a lawful right, such as a police officer with a search warrant.

A person who enters premises without the occupier's permission, either through a mistake or deliberate action.

The legal duty owed by occupiers to visitors to ensure their reasonable safety while on the premises.

The occupier's duty is focused on the visitor's safety, not just making the premises safe in general.

The level of care required to fulfil the common duty is determined by what is reasonable in the circumstances.

The 1957 Act defines 'premises' broadly, encompassing land, structures, vessels, vehicles, and aircraft.

The occupier's duty to visitors requires them to take steps to ensure their safety. Failure to fulfill this duty is a breach of the common duty.

A person who enters someone's land without permission. This includes people who enter unknowingly or those who overstay their welcome.

Occupiers have a duty to protect visitors from dangers on their premises. However, they have a lesser duty to trespassers. This duty only applies if the occupier knows about the danger and the trespasser is unaware of it.

Yes, they can. They can stop being visitors by entering a part of the premises they don't have permission to access by staying longer than permitted or by acting outside the scope of their permitted actions.

This means reducing the amount of compensation someone receives for an injury because they contributed to their own harm.

An occupier's duty to visitors is based on implied or express permission, meaning they have been given permission to be on the premises. This is not the case for trespassers.

Occupiers are legally bound to make their premises safe for visitors. They must warn visitors of any known hazards on the premises.

They must take reasonable steps to warn trespassers of dangers on their premises. This duty is less than that owed to visitors.

The legal term'occupier' applies to the person who has control over premises. The 1957 & 1984 Acts define 'premises' broadly to include both open-air and indoor spaces, such as land, buildings, and structures.

Entering a part of premises you are forbidden to, even if you had permission to be there, makes you a trespasser.

A police officer entering a property under the authority of a search warrant is considered a visitor under the law.

The duty owed by an occupier of any premises to a visitor. This is about ensuring the visitor's safety, not simply the general safety of the premises.

The standard of care required to fulfill the duty of care. It is based on what would be deemed reasonable under the circumstances.

The 1957 Act defines "premises" very broadly to include open land, structures, vehicles and even aircraft.

If an occupier has failed to fulfill their duty to take reasonable care for a visitor's safety, they have breached the common duty of care.

The person who has control over the premises and is legally obligated to take care of visitors.

A person without permission to be on the premises, even if entering accidentally.

The Occupiers' Liability Act 1957 sets out the legal duties owed by occupiers to visitors who enter their premises with permission (express or implied). This includes ensuring the premises are reasonably safe and warning of any hazards.

The Occupiers' Liability Act 1984 establishes the legal duties owed by occupiers to trespassers - those who enter premises without permission. This is a lesser duty than that owed to visitors.

This refers to the condition of the premises themselves, including any dangers arising from the physical state of the property. It does not include activities occurring on the premises.

A visitor is someone who enters premises with either explicit or implied permission from the occupier, such as a guest, customer, or someone invited.

A trespasser is someone who enters premises without permission, either deliberately or unknowingly. They are not welcome and may lack a legal right to be there.

When a visitor suffers loss due partly to an occupier's breach of the common duty of care and partly due to their own carelessness, their damages will be reduced for contributory negligence.

Under the Occupiers' Liability Act 1984, the duty owed to trespassers is less extensive than the duty owed to visitors. The occupier only needs to take reasonable steps to protect trespassers from dangers that they are unaware of and that the occupier knows of.

An entrant can initially enter premises as a visitor but then become a trespasser. This can happen if they go onto a part of the premises where their permission doesn't extend, or if they do something outside the scope of their permission, including staying on the premises for a longer time than they were given permission for.