3.4 Occupiers Liability Flashcards
What is occupiers liability
Duty owed by occupiers to those who come onto their land
What are the 2 occupiers liability acts
Occupiers liability act 1957
Occupiers liability act 1984
Under the 1957, what does an occupied premises apply to
land, buildings, extends to fixed and moveable structures including vessels, aircraft and vehicles.
whats the duty of care occupiers have on lawful visitors (1957)
duty to creare a safe environment for lawful visitors
1957: What is a lawful visitor
Person who have been invited or licensed to enter, or have statutory right to enter.
1957: What constitutes a lawful visitor
- Invitees
- Licensees
- Those who enter through contract
- Those entering with statutory right
1957: What is it meant by ‘implied license at common law’
Repeated tresspass and no action taken by occupier to prevent it.
1957: what case illustrates ‘implied license’
Lowery v Walker (1911)
1957: Facts of Lowery v Walker (1911)
D owned a savage horse, he placed them on a field to graze knowing members of the public walk past to get to the train station. C was attacked by the horse as a result
1957: Held in Lowery v Walker
D owned laibility for the damages on the C
1957: Point of law in Lowery v Walker
License was implied through repeated tresspass which D was aware of
In the 1957 act, what is the level of the standard of care
‘reasonable occupier’
1957: There are 2 situations where the standard of care may have to increase of decrease, what are these?
Section 2 (3)(a) - occupier must prepare for children to be less careful
Section 2 (3)(b) - a person in exercise of his calling will appreciate and guard against any risk
1957: In regards to section 2 (3)(a) how will the courst deal with this
Courts will take into account the age of the child and its level of understanding
1957: When is section 2 (3)(b) applicable
when an occupier hires an expert to come work on his premesis
What does section 2 (4)(a) say about warning signs in the 1957 act.
Warning can absolve occupier of liability if it was enough to enable the visitor to be reasonaby safe.
1957: What must the warnings cover
All dangers
- no warning needed against obvious risks
1957: Under section 2(4)(b) what are the 2 exceptions where an occupier isn’t liable for dangers created by independant contractors
If occupier…
- Acted reasonably when entrusting the work to the contractor
- took reasonable steps to satisfy themselves that work was properly done and contractor was competent
1957: Key case in ‘dangers arising from actions by independent contractors’
Bottomley v Todmorden cricket club
1957: Facts of Bottomley v Todmorden cricket club
C was injured at a fireworks display held on D land run by a contractor. Accident happened that led to C suffering severe burns
1957: Held in bottomley v todmorden cricket club
D was liable as they didnt check insurance of the contractors. Didnt take reasonable steps in ensuring contractors were competent
What are the defences applicable to the 1957 act
- Voluntary non fit injuria
- contributary negligence
- exclusion of liability
what is voluntary non fit injuria
where visitors accept the risks, therefore occupiers dont have liability for damages
what is contributary negligence
damages may be reduced if visitor doesnt take reasonable steps to ensure his own safety
what does exclusion of liability mean
allows occupier to extend, exclude or restrict their liability, so far as they are free to.
give an example of exclusion of liability
Store puts a sign saying they are not responsible for damages if people chose to park their cars on their car park.
to who is liability imposed under the Occupiers liability act 1984
Tresspasser
those who exceed premission
Under section 1(8) what is the only form of protected damages (1984 act)
Death and personal injury
1984: Under section 1(3) what are the rules of liability the occupier has over the tresspasser
- occupier was aware of danger and has grounds to believe it exists
- occupier knows or has reason to belive others may come into danger
- reasonable to assume occupier would be able to have some form of protection over the risk
1984: what is a case for these rules of liability over tresspassers
donoghue v folkstone properties ltd (2003)
1984: facts of donoghue v folkstone properties ltd
C was seriously injured when he chose to dive in Folkstone harbour during boxing day at night time in the middle of winter
1984: held in donoghue v folkstone properties ltd
D was not liable as it wouldnt be reasonable to gaurd against divers during winter
what is the standard of care of the 1984 act
take reasonable care so that others on his premesis do not suffer injuries
- premises themselves have to be dangerous, not activity
key case if the standard of care under the 1984 act
keown v conventry healthcare NHS trust (2006)
1984: facts of keown v coventry healthcare NHS trust (2006)
An child wsa climbing a fire excape ladder. Fell, suffered brain damage and fractured arm. Fire escape was often used by public and for children to play in.
1984: held in keown v conventry healthcare NHS trust (2006)
Judge found C knew his actions were dangerous as he climbed the ladder improperly
1984: What is the role of warning signs under the 1984 act
Warning signs may discharge duty if they give warning of danger or discourage others from taking risk
defences of the 1984 act
- Voluntary non fit injuria
- contributary negligence
- exclusion of liability
What is voluntary non fit injuria
consent. Where visitors willingly accept the risks so therefore D cannot be liable
what is contributary negligence
Can be claimed if C doesn’t take reasonable steps to insure his own safety
- reduces damages
what is meant by exclusion of liability
occupiers can extend, exclude or restrict their liability, so far as they are free to.
Example of exclusion of liability
Store puts a sign saying they are not responsible for damages if people chose to park their cars on their car park.
