Occupier's Liability 1957 & 1984 Flashcards
How is an occupier defined in Wheat v Lacon?
Anyone with ‘ownership or control’ of a property
Premises: ‘a f___ or m_____ structure inc. vessels, vehicles, aircraft’ s_(_)
Fixed, moveable, s1(3)
Which case tells us that occupiers must keep visitors ‘reasonably safe’?
Laverton v Kiapasha Takeaway Supreme
Why were the Ds in Laverton v Kiapasha not liable?
They mopped the floor as often as possible and had installed slip resistant tiles - they had done all that was reasonable of them
Which section of the 57 Act covers children that are injured?
s2(3)(a)
What does Taylor v Glasgow Corp. tell us about duty of care to children?
Occupiers are expected to guard against allurements
Which case shows that very young children should be supervised?
Platt
s2(3)(b) states that a tradesperson is ‘expected to g___ against risks o______ i_____ to their job’
Guard, ordinarily incident
When can the defence in s2(4)(b) be used?
Where the work of an independent contractor has caused injury to another
What is the first part of s2(4)(b)?
Was it reasonable to entrust the work?
What happened in Haseldine v Dawes, and what does this case tell us?
A lift fell to the bottom of the shaft after maintenance by an independent contractor - the more technical the work, the more reasonable it is to entrust to another
s2(4)(b)(ii) - D must take r_____ steps to ensure the independent contractor is c_____
Reasonable, competent
What does Gwilliam say is sufficient for checking the competency of an independent contractor?
Asking if they are insured
When will D be less expected to check work done by an independent contractor?
Where the work is more technical/specialist
A ‘c____ visual i_____/e______’ may be sufficient for checking work under s4(b)(iii)
Cursory, inspection/examination (Woodward)
What are the remedies for the 57 Act?
Damages for personal injury and damage to property
How is a trespasser defined in Addie v Dumbreck?
‘One who goes upon land without invitation… and whose presence is either unknown, or if known, is objected to’
What does s1(1) of the 84 Act tell us? And which case can be used to illustrate this?
That the claim must arise from the dangerous state of the premises, not from the dangerous activities from the claimant - Keown v Coventry NHS Trust
Which section of the 84 Act states that D must have knowledge of the danger or has reasonable grounds to believe it exists?
s1(3)(a)
s1(3)(b) tells us what about when a duty is owed under the 84 Act?
D must know or have reasonable grounds to believe the other is in the vicinity of the danger
What happened in Donoghue v Folkstone Properties?
C suffered a broken neck on a permanent grid-pile, after diving into the sea at midnight and at high tide - no duty was owed as D had no reason to believe someone would be there at that time
s1(3)(c) of the 84 Act: ‘the risk is one which he may be e______ to provide some p_____ against’ (P____ v Northampton BC)
Expected, protection, (Penney v Northampton BC)
Name two factors which are considered in discharging a duty of care under s1(4) of the 84 Act
Likelihood of trespass, seriousness of injury risked, cost of precautions, age of trespasser
What does Platt v Liverpool CC tell us about reasonable care?
‘Occupiers should not have to guard against an irresponsible minority’
In which section of the 84 Act can warnings be found? And what must these warnings do?
s1(5) - must simply have to give warning of the danger
What cannot be claimed for under s1(8) of the 84 Act?
Damage to property
What are the remedies for the 84 Act?
C can claim for death or personal injury
In which case did C jump into a pool on college grounds and become paralysed?
Ratcliff v McConnell
Why did the claim fail in Rhind v Astbury Waterpark?
The containers under the water were not known to the defendants, so the requirements of s1(3)(a) were not satisfied
What is the difference between the requirements of warning signs in the 57 & 84 Acts?
84 Act states warning signs must only give warning of the danger (Tomlinson v Congleton BC), where in the 57 Act they must enable the visitor to be ‘reasonably safe’
