When is there a sufficient degree of control in relation to being an occupier?
- Owner/occupier, tenant/occupier, have physical presence on the property.
- owner not in physical possession but retaining some control
- absentee owners may be in occupation
- there can be more than one occupier of the same premises at the same time.
What is the common duty of care for an occupier?
That the person is reasonably safe using the premises for the purposes of the visit.
It is the visitor that must be safe not necessarily the premises.
What is expected in regards to children from an occupier?
Occupiers should expect less care from children than from an adult. Though young children should ordinary be supervised by per ants guardians etc
What is in place regarding warnings?
They are used to make the visiter reasonable safe therefore help protect they’re duty of care.
Difference between warnings and exclusions.
A warning is to help make the visitor reasonably safe while a exclusion sign removes any liability and duty of the occupier.
What is under the UCTA 1977 s2
A business cannot exclude liability for death or personal injury.
What if the injury is caused by someone who has been contracted in to do work on the premises?
It must be a contractor which the occupier believes is reasonable competent.
What is a trespasser?
A person who’s presence is unknown by the occupier. Or if it is is objected against in some practical way.
What does the occupiers liability act 1984 do?
Established the duty of care between an occupier and a trespasser.
Though a duty is not automatic to a trespasser when is it owed?
- When the occupier is aware or ought to be aware of the danger
- He knows or has reasonable grounds to believe that the trespasser may be in the vicinity of the danger
- May reasonably be expected in all the circumstances to offer some protection to the trespasser against the danger.
What is an occupier
“A person who has sufficient control over the premises that he ought to realise that any failure on his part to use care may result in injury to a person coming lawfully there, then he is an occupier.” - Lord Denning in Wheat v E. Lacon
