Occupier Liability 57 P2 Flashcards
What duty is imposed by Occupier Liability Act 1957
Duty to keep lawful visitors safe to those premises
What is a lawful visitor (LV)
Someone who has permission to enter (expressed or implied)
What are the 4 types of LV
Repeated visits
Doctrine of allurement
Entry in order to communicate
Statutory powers of entry
How does repeated visits make someone a LV
It is implied permission for entry if D knows they are repeatedly visiting his land
What case is used for repeated visits which included a savage horse
Lowery V Walker (1911)
What is the doctrine of allurement
States that a child will not be a trespasser if they wonder to investigate something dangerous and attractive to children
What case is used for the doctrine of allurement which involved a boat landing on a child cause paralysis
Jolley V Sutton LBC (2000)
What is meant by Entry in order to communicate making you a LV
To walk up the front path of a house to the front door to communicate with an occupier is allowed and makes you a LV if done
What is meant by statutory powers of entry making you a LV
Under a wide range of circumstances people are permitted by statute to be allowed to enter premises such as a postman or firefighter
What does S2(1) state under OLA 57 for duty of care
Occupier owes a duty of care to LV
What does S2(2) state under OLA 57 for duty of care
Duty of care extends to LV and not the whole premise. Just to be reasonably safe for what LV is invited/ permitted for
Which case showed that the occupier must keep the LV reasonably safe and not the premise and involved a slippery floor in a takeaway
Laverton V Kiapasha Takeaway Supreme (2002)
In what case did the premise not pose a danger and said that the occupier did not have to guarantee their safety and involved a concrete bollard
Dean & Chapter of Rochester Cathedral V Debell (2016)
what is the definition of an occupier
Any person who controls the premises to such an extent that his carelessness could lead to a visitor suffering loss
Which section states the definition of premise and what is the definition
S1(3) - land and any building on the land including any fixed or moveable structures
What did Wheat V Lacon (1966) show - pub manager sub-let upstairs flat
Possession need not be exlusive, there can be more than one occupier of premises at any one time
For BREACH of duty what type of test is it and who are we tested agains’t
Objective test
Tested agains’t the reasonable man
What are the five risk factors that can be involved in breach of duty (Negligence)
Foreseeability, probability, severity, reasonable precautions and social utility (cases included)
Which cases established that a failure to prevent foreseeable injuries is a breach of S2(1) DOC, not for pure accidents - bouncy castle and pool water
Harris V Perry and Another (2008) - bouncy castle
Tedstone V Bourne Leisure (2008) - slipped on a pool of water
Which section of OLA 57 shows that occupiers must be prepared fr children to be less careful than adults so a higher standard is owed
S2(3)(a)
Which case under S2(3)(a) involved a 7yr old child eating poisenous berries in a park which were easily accesible
Glasglow Corporations V Taylor (1922)
What is the ratio for Phipp V Rochester Corp (1955) - 5yr old fell on waste ground
The greater DOC was owed by the parents, that they shouldnt have left the child in the care of the 7yr old sibling
Which case is it where neither the parent or the occupier are liable as it was a pure accident - child drowned
Bourne Leisure V Marsden (2009)
What did Jolly V Sutton LBC (2000) show for S2(3)(a)
The docturine of allurement means that the occupier must be prepared for children to be less careful
What is S2(3)(b)
Professionals
A professional exercising his calling will appreciate and guard agains’t risks ordinarly present
Which case involved chimney sweepers overcome by fumes and it was C’s fault
Roles V Nathan (1963)
Which case could not rely on S2(3)(b) at all and why
Ogwu V Taylor (1987) - the blaze was so intense from the fire that no amount of care by C could have protected him
Which section talks about warning signs in OLA 57
S2(4)(a)
What does S2(4)(a) state
An occupiers liability can be discharged is he gives effectivewarnings of the danger but it must be suffient
Which case is an example of a warning sign not being visible so a DOC was still owed - involved dangerous roofing
Woollins V British Celanese (1966)
Which case stated that there is no duty to warn of an obvious risk - no need for a fence around a fishing pond
Darby V National Trust (2001)
What 2 things must be mentioned before defences
Causation (but for test) and Remoteness (must be RF Wagon Mound)
What are the 4 defences for OLA 57
S2(4)(b) Independent contractor
Volenti non injuria (consent)
Excluding liability
Contributary negligence
What is meant by S2(4)(b) Independent contractors as a defence and what is the 3 criteria
Occupier not liable if visitor is injured by something dangerous that was created by faulty workmanship on the part of an outside contractor
1) must be reasonable to have brought a IC
2) took reasonable steps to ensure IC was suitably trained
3) took reasonable steps to ensure the work was done properly
Which case showed that occupier will not be liable if the danger was created by someone he hired to do a specific job which is beyond the knowledge and expertise of the reasonable man - involved an elevator
Haseldine V Daw (1941)
Which case showed that it was not reasonable to hire an IC to keep steps safe - involved school steps
Woodward V Mayor of Hastings (1944)
What is meant by Volenti non injuria as a defence to OLA 57
When the visitor consents the risks of negligence on the part of the occupier
Which case showed the the occupier owes no DOC to LV from obvious risks and the C consented to the risk of sliding down the banister
Geary V JD Weathersppon PLC (2011)
What is meant by excluding liability as a defence to OLA 57
Can be done by putting up signs excluding any and all liability but it must be done sufficiently
Which case involved a woman being hit by a railway truck that was being shunted negligently but a sign was inplace
Ashdown V Samuel Williams & Sons Ltd (1957)
Which acts limit the excluding liability powers as a defence to 57
S2(1) UCTA - cannot limit attempt to excluse liability for death or personal injury
S65 CRA - trader cannot exclude liability for death or personal injury
What is meant by contributory negligence as a defence to 57
When the C falls below the standard of the reasonable man partially causing the outcome causing reducement of damages for the amount he is to blame for his own injuries
What remedies are avaliable under OLA 57
Can claim for death and personal injury
Can claim for damage to property and any consequential economic loss resulting from damge to propert (cost fo recovery)
