#Exam 2(2)-Occupiers Liability Flashcards
What makes someone and occupier
Must have sold control of premises
Must be one of many people who had control of the property
What if someone is not an occupier off premises
No liability
What makes someone a visitor
Invited into premises
Enters to peruse a contract
Enters under licence
Legal right
What can make the OLA act 1984 apply
If they are a trespasser
Entering national park or countryside act
Private right of way
What must the defendant have breached
His duty
Wheat v Lacon
Visitor falling down stairs
Not only owner but someone in control of land
Wheeler v copas
Definition is wide even including a ladder
What are the important sections to OLA 1957
S2 (1,2,3)
What does S 2 1 state
Common duty of care is owed to all lawful visitors
S 2 2 states
Duty is to ensure visitor safe for purpose of trip
What does s 2 (3) state
Occupier must take extra care for children and guard them from allurements
Glasgow corporation v Taylor
Child poisoned by berries
Occupier must guard from allurements (children)
Jolley v LDN borough Sutton
Children should be protected against foreseeable danger
Boat case
Phipps v Rochester cooperation
Occupiers can expect very young children to be supervised
Roles v Nathan
Person carrying out a trade should be aware of the risks of that trade
When will an occupier not be liable for the work of independent contractors
Reasonable to entrust work
Reputable contractor chosen
Occupier not obliged to inspect work
Hastings
Occupiers should have checked ice was moved correctly
Haseldine
Occupier not expected to understand mechanics of a lift
Bottomley v Todmorden
Should have checked that stun team had qualifications liable
When may liability be avoided
Adequate warnings given
Exclusion clauses relied on UCTA
Defences of consent and contributory negligence
Rae v Mars
Warning was not sufficient as it could not be seen
What is the law for trespassers
Occupiers liability act 1984
Why did the claim fail in Addie v Dumbreck
There didn’t used to be a liability for trespassers
What did BRB v Herrington introduce
Common duty to humanity to trespassers
Original rule too harsh on children
What are the important sections of OLA 1984
S 1 (3) (4)
What do the sections set out (1984)
When a duty is owed
When is a duty owed to trespassers
Aware of danger or has reasonable grounds to believe it exists
Knows someone is in vicinity of danger ( whether lawful or not )
Risks are expected to show some protection
Ratcliff v McConnell
19 year old jumping in pool
Occupier does not have to warn adult trespassers against obvious dangers
Donoghue v Folkestone properties
Occupier does not have to warn if they enter at unfortunate time
Man jumping in harbour
Tomlinson v congleton borough council
Occupier does not have to spend lots of money to protect against foreseeable danger
Man paralysed after jumping in lake
Higgs v foster
Does not owe a duty if they did not expect trespasser
Rhind v astbury water park
Do not owe a duty for a danger that they are unaware of
What cases show that liability to child trespassers are same as adults
Keown v Coventry healthcare NHS trust
Baldaccino v west wittering
What can trespassers claim for
Only personal injury not property
