Occupier's Liability Flashcards
What losses can visitors claim for?
s. 1 (3)(b) personal injury OR property damage (OLA 1957).
Where is premises defined in OLA 1957?
s. 1(3)(a)
Wheeler v Copas: ladder
Furmedge v Chester-le-Street: inflatable art installation.
Where is visitor defined in OLA 1957?
s. 1(2) - the same as the definition under common law.
What are the different types of permission?
Express
Implied
Contractual
Lawful Authority
Doctrine of Allurement
How can express permission be modified?
By area: become a trespasser if you enter another area of the property.
Time
Purpose
Cases on express permission being restricted by area?
The Calgarth
Geary v JD Weatherspoon (bannister sliding –> volenti succeeded).
Pearson v Coleman (Lion Danger sign at zoo did not suffice to make 7-Y-old a trespasser at zoo.)
Darby v National Trust (No swimming sign not next to the lake so claimant not a trespasser).
Case on restriction by time?
Stone v Taffe
Pub lock-in
Must make it clear to claimant he is a trespasser
Cases on restriction by purpose?
R v Smith & Jones
Tomlinson v Congleton (swam in a lake meant for windsurfing).
Harvey v Plymouth (tripped while running away from not paying for a taxi)
Implied permission cases?
Lowery v Walker: occupier’s land used for 30+ years as a shortcut.
Edwards v Railway Executive: No implied permission as despite land being used a short cut, fence installed and repaired whenever broken.
BRB v Herrington: railway board knew of live wire and children playing on the railway line.
Contractual permission cases?
s. 5(1) OLA 1957
Maguire v Sefton MBC
Lawful Authority section and cases?
s. 2(6) OLA 1957
Snook v Mannion (police with a warrant)
Gas Board officials
Ogwo v Taylor (firemen attending fire)
What is the doctrine of allurement?
Prior to the enactment of OLA 1984 if the occupier had something on their land attractive to children and was aware of this the trespasser child would be elevated to the status of a licensee.
Doctrine of allurement cases?
Glasgow corporation v Taylor (7-y-old died eating berries on defendant’s land).
Jolley v Sutton (used in context fo breach)
Keown v Coventry Healthcare (made clear that child trespasser can now bring claims under OLA 1984.)
Where is an occupier defined in the act?
s. 2 OLA 1957 = same as the definition under common law.
Definition of occupier?
Wheat v Lacon - anyone with sufficient control of the premises.
Is an occupier limited to one person?
NO
AMF International v Magnet Bowling: independent contractors + occupiers despite separating screen.
Collier v Anglian Water Authority: water authority alone (STATE of promenade therefore LA not at fault).
Ferguson v Welsh: visitor in relation to one occupier and trespasser to the other.
Harris v Birkenhead: owner = legal occupier despite no formal steps to take possession.
Ferguson v Welsh
Mr Ferguson was a lawful visitor in relation to Mr Spence who had arranged for him to complete demolition works.
Mr Spence himself had accepted the demolition job from the council with a clause preventing sub-contracting without consent.
Where is the standard of care found?
s. 2(2)
Laverton v Kiapasha: reasonably competent occupier –> NOT perfect.
Where does the standard differ?
Child visitors
Persons exercising a calling or profession.
Independent contractors.
How does the standard differ for child visitors?
occupier must be prepared for children to be less careful than adults s 2(3)(a).
How does the standard differ for persons exercising a calling or profession?
s. 2(3)(b) an occupier does not need to take extra steps to prevent someone suffering from damage as part of their normal job.
How does the standard differ for independent contractors?
occupiers may escape liability if they acted reasonably in entrusting the work to an independent contractor s 2(4)(b) OLA 1957
For s. 2(4)(b) to apply, what must the occupier demonstrate?
it was reasonable to use the external contractor in the first place.
reasonable to hire specific contractor chosen.
reasonable to check the work of contractors?
Cases relating to reasonability of hiring specific contractor chosen?
Gwilliam v West Hertfordshire NHS Trust: ok to ask whether contractors are insured but not to check.
Bottomley v Todmorden Cricket Club: pyrotechnics went wrong and occupiers had not gone far enough to check insurance.
Naylor v Payling: no general duty to ensure an independent contractor is insured.
Cases on reasonability of checking the work of the independent contractors?
Haseldine v Daw: Lift work technical - so no expectation of checking it.
Woodward v Mayor of Hastings: cleaning of icy steps needed to be checked.
Cases on falling below the standard?
Haley v LBC
Laverton v Kiapasha: reasonable steps given resources of putting down map, mopping when possible.
Tedstone v Bourne Leisure: reasonable steps by putting down special tiles.
Tomlinson v Congleton
Cases on falling below the stands with child visitors?
Perry v Butlins
Phipps v Rochester
Simkiss v Rhonda
Marsden v Bourne Leisure
Cases on falling below with regard to people exercising for calling profession?
Roles v Nathan (chimney sweeps - warnings were specific - vague warnings will not suffice to absolve occupier from liability)
Eden v West (occupiers failed to warn joiner fo lack of lintels)
Moon v Garret (delivery man fell down unguarded trench)
Lough v Intruder Detection (burglar alarm installer fell from staircase being repaired.)
When will warning notices work?
if such a warning “was enough to enable the visitor to be reasonably safe” s 2(4)(a) OLA 1957.
Role v Nathan?
repeated warnings against cleaning the chimes and even pulling the sweeps out discharged the occupiers from liability when they died from CO poisoning owing to not extinguishing the boiler.
Cases on volenti that succeeded?
Simms v Leiigh RFC: hit head on wall, in accordance with RU’s regulations so willingly accepted risk.
Titchener v BRB: 15-year-old admitted she knew of danger in being on line.
Cases on volenti that did not succeed?
White v Blackmore: competitor was not aware that barriers at racing event were faulty.
Slack v Genie: participants did not know of faulty breaks so did not consent to crash.
Which cases are examples fo CN?
Slack v Genie: passenger unskilled and so CN applied despite lack fo volenti.
Laverton v Kiapasha: no breach but had there been, damages would have been reduced by N.
Can the duty be excluded?
OLA s2(1): ‘Occupier can extend, restrict, modify or exclude his duty to visitor in so far as he is free to do so’
What does UCTA apply to?
Business liability
s2(1) Cannot exclude liability for death or personal injury
s2(2) Can exclude liability for other losses if it is reasonable to do so
What does CRA apply to?
Consumer contracts
s 65(1) can’t restrict any liability for death / personal injury arising from negligence.
s 62(1): an unfair term is not binding.
What is the position on exclusion of liability in common law?
White v Blackmore: Can exclude liability for any loss if it is reasonable to do so e.g. personal injury and property damage.
