Notes on Occupier's Liability. Considers The Occupier's Liability Act 1957 and 1984. Notes on the different sections that apply. Contains brief notes on facts of case and ratio.
Occupiers’ Liability
An occupier of premises may be liable in tort to a claimant who suffers personal injury or
property damage whilst on those premises.
Occupiers’ liability is governed by two Acts:
- The Occupiers’ Liability Act (1957) (OLA 1957) which is concerned with the duty of
care owed to all lawful visitors.
- The Occupiers’ Liability Act (1984) (OLA 1984) which is concerned with the duty owed
to people other than lawful visitors. Usually these others will be trespassers.
This tort developed from negligence; similar.
S1 (1) – Occupier’s liability arises from loss or injury caused by the state of the premises or
things done to them, not by activities carried out on premises.
Fairchild v Glenhaven Funeral Services [2002] – the Court of Appeal held that the claimant’s
contact with asbestos dust at work was a result of an activity carried out on the premises rather
than their static state.
Tomlinson v Congleton BC [2003] – the danger was not due to the ’state of the premises, or
things done or omitted to be done on them’
Therefore, it appears to be that the OLA 1957 and OLA 1984 only cover loss arising from the
state of the premises and not from the activities carried out on the premises. Loss or damage
arising from such activities or other causes than the state of the premises should be claimed
under negligence (Siddorn v Patel [2007]); Poppleton v Trustees of Portsmouth Youth Activities
Committee [2008]
Definition of Occupier:
No definition is given in either Act. However, the test for determining who an occupier is can be
found in common law.
Wheat v E Lacon & Co Ltd [1966] – the courts appear to have taken a broad approach, holding
that a person will be an occupier if he has a sufficient degree of control over the state of the
premises.
Lord Denning identified 4 categories of occupier:
1) A landlord who lets premises; he has parted with control of the premises so the tenant
will be the occupier
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller pixie01. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £8.57. You're not tied to anything after your purchase.
