Occupier's liability Flashcards
What Act relates to lawful visitors?
Occupier’s Liability Act 1957
What case shows the OLA applies to fixed or movable structures?
Bunker v Charles Brand & Son Ltd.
Who is a lawful visitor?
Someone invited onto the premises or has a contractual right to enter.
What are the four areas that need to be clarified in relation to visitors?
Those on a public right of way are not covered by this act - McGeown, those who have implied permission such as postmen, Limitations on permission as in The Calgarth - stairs and bannisters, and a person may be a visitor in relation to one person and a trespasser to another - Ferguson v Welsh.
What do occupiers owe a lawful visitor?
A common duty of care which is to take steps to make sure a visitor is reasonably safe. This is shown in Laverton v Kiapasha Takeaway Supreme.
What does the common duty only extend to?
The purpose for which the visitor was allowed to enter as in Tomlinson v Congleton Borough Council.
How is an occupiers duty to children different?
They must be prepared for children to take less care and so if a child is allowed to enter a premises it must be reasonably safe for a child of that age - Glasgow Corp. v Taylor.
Can the courts allocate blame to parents?
Yes, in Phipps v Rochester Corp if the parents did not act as they should’ve done then they will be responsible.
How is the duty different for a visitor who is present as a result of a calling?
This person must guard against any special risks ordinarily incident to it - General Cleaning Contractors v Christmas. However in Salmon v Seafarers Restaurant where a fire was started negligently a member of the fire brigade could claim against those who started the fire.
When will an occupier not be liable for a persons injury?
When an independent contractor performs a service which the occupier could not be reasonably expected to check had been done correctly - Haseldine v Daw.
What must an occupier do if there is a danger to escape liability?
They must give warnings unless the danger is obvious like a cliff as in Cotton, if the warnings are ignored the person becomes a trespasser.
What Act relates to trespassers?
The Occupier’s Liability Act 1984.
When is a duty to trespassers established?
If a reasonable occupier would have drawn the inference that there was a danger,
The presence of a trespasser was likely,
The duty is then to take reasonable care that the trespasser does not suffer injury from a danger.
Who is a trespasser?
A trespasser is a person who goes onto land without an invitation, and whose presence is unknown to the occupier, or if known, is
objected to.
What case established that claimants who undertake potentially risky activities should bear some responsibility?
Tomlinson v Congleton Borough Council.
