Occupier's Liability Flashcards
Who is the occupier?
A person with some degree of control over the premises
Occupier case
Wheat v Lacon
How is premises defined?
Not only a fixed building or land, but also any moveable structure, vehicle, vessel and aircraft
Permission case
Lowery v Walker
How is a visitor defined?
A person who has obtained permission to enter the premises
What is express permission?
Permission which is given
What is implied permission?
Sometimes the court decides that the trespasser had implied permission to be on the premises
What is right of way?
A person using a right of way is not classed as a visitor
Right of way case
McGeown v Northern Ireland Housing
s2(1)
An occupier owes a duty of care to visitors
s2(2)
The visitor must be made safe, not the premises
What is an allurement?
Something that attracts people onto the premises
Allurement case
Glasgow v Taylor
s2(3)(a)
Children-
Must be prepared for children to be less careful than adults
s2(3)(b)
Persons Exercising a Calling-
Those carrying out a trade are expected to take measures to avoid harm
Exercising a calling case
Roles v Nathan
s2(4)(b)
Independent Contractors-
Not liable for faulty work of contractor as long as it was reasonable to hire them and the occupier had taken reasonable care to check that the contractor was competent and the work was done properly
Independent contractors case
Haseldine v daw
s2(4)(a)
Warnings-
If sufficient warning of danger has been given so as the visitor is made reasonably safe, occupier will not be liable
Warnings case
Darby v National Trust
s2(5)
Volenti
What can you claim for in OLA 1957?
- Personal injury
- Property damage
What can you claim for in OLA 1984?
-Personal injury
How is a trespasser defined?
A trespasser is someone who enters land or premises without permission
s1(3) - occupier of premises owes a duty to another if… (A)
A. He is aware of the danger or has reasonable grounds to believe it exists
s1(3) - occupier of premises owes a duty to another if… (B)
B. He knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or that he may come into the vicinity of the danger
s1(3) - occupier of premises owes a duty to another if… (C)
C. The risk is one against, which, in all the circumstances of the case, he may reasonably be expected to offer the other some protection
Occupier must be aware of the danger case
Ratcliff v McConnell
Occupier must believe the trespasser may encounter the danger case
Donoghue v Folkestone Properties
Visitor turned trespasser case
Tomlinson v Congleton
s1(4)
To take such care as is reasonable in all the circumstances of the case to see that the trespasser does not suffer injury on the premises by reason of the danger concerned
s1(5)
A warning may discharge duty, but only if it is clear enough so that the risk is obvious to the trespasser
s1(6)
An occupier will not be liable for injury sustained by a trespasser if they have willingly accepted the risk of it occurring
