5 - Occupiers liability 1957 Flashcards
Section 1(3)(a)
Th premises occupied applies not only to land and buildings but also vessels, vehicles and aircrafrt
S2(2)
Imposes a duty of care over lawful visitors (a common duty of care is to take such care as in all the circumstances of the case is reasonable to see that the v will be reasonably safe)
What can be claimed for under occupiers liability 1957
Death
Personal Injury
Damage to property
Lawful visitors
invitees
licensees
those in pursuit of a contract
those exercising a statutory right
implied license at common law
Invitees
s1(2)
those who have been invited to come onto the land - the invitation must no be exceeded
Licensees
s1 (2)
those who have expressed or implied permission to be there
Entering in pursuit of a contract
s5(1)
for example paying visitors, to see a film at a cinema
Exercising a statutory right
s2(6)
person entering to read gas metres ect
Implied license in common law
where there is repeat trespass and no action taken by the occupier to prevent it - required an awareness of both the trespass and the danger by the occupier
Taylor V glasgow city council 1922
the courts are moe likely to grant a licence when there is something to lure people in, such as a park
A reasonable occupier
The standard of care is of a reasonable occupier, however there are two situations where that may vary
A reasonable occupier
The standard of care is of a reasonable occupier, however there are two situations where that may vary
Variations in standard of care
S2(3)(a) - chilkdren can be less careful than adults
s2(3)(b) - an occupier may expect that someone excersisng his calling may protect against special risks
s2(3)(a)
Children will be less careful - jolley v sutton 2000 (children ate poison berries in a park)
s2(3)(b)
an occupier may expect that a person excersiisng his calling will guard against any special risks ordinarily incident to it -
ie if a contractor or professional is hired, he should protect against ordinary risks as per roles v nathan 1963
Warnings and warning signs
Duty may be discharged by giving a warning of the danger , as long as the warning was in all circumstances, enough to enable the visitor to to be reasonably safe
Dangers arising from actions undertaken by an independent contractor
not liable for the actions created by a contractor under s2(4)(b) if -
- acted reasonably in trusting the contractor
- took reasonable steps to satisfy that work was properly done and the contractor was competent
Contributory negligence in Occupiers 1957
damages may be reduced under the law reform act 1945 when a visitor fails to take reasonable care for their own safety
Exclusion of liability
s2(1) allows an occupier to extend, restrict, exclude, modify their duty to vistiors
Volenti non fit injuria
s2(5) does not impose an obligation for occupier on risks willingly accepted by the visitor
Darby v National trust 2001
C’s husband drowned in a pond commonly used for swimming.
risk was obvious so no need for warning signs
Roles v nathan 1963
D wasnt liable over the death of a chimney sweep due to carbon monoxide as he was an expert
Lowery v walker 1911
License was implied due to repeat trespass that the D was aware of
Jolley v Sutton 2000
they knew children would be in the park and they knew the berries were poison
