Occupier's Liability to Lawful Visitors Flashcards
1
Q
what is the definition of occupiers liability to lawful visitors?
A
- loss or injury caused by the ‘state of premises’ of which d is the occupier
- (OLA 1957)-lawful visitors
2
Q
what is the first step of OL to lawful visitors?
A
Occupier
- person in control of the premises-owner or tenant
- (Wheat v Lacon)-can be more than one occupier of the premises
3
Q
what is the second step of OL to lawful visitors?
A
Premises
- (S.1(3)(a) OLA 1957)-‘fixed or movable structure, including any vessel, vehicle and aircraft’
- houses, offices, buildings, land
- also included
- a ship in dry dock
- vehicle
- lift
- ladder
4
Q
what is the third step of OL to lawful visitors?
A
danger due to the state of the premises
-(Dean and Chapter of Rochester Cathedral v Debell)-must be a real source of danger for occupier to be under duty to minimise the risk
5
Q
what is the fourth step of OL to lawful visitors?
A
lawful visitor?
- invitees-people who have been invited to enter and have express permission to be there
- licensees-people who have express or implied permission to be on the land for a period
- contractual permission
- statutory right of entry
6
Q
what is the fifth step of OL to lawful visitors?
A
duty of care for lawful visitors
- (S.2(OLA 1957)-common duty of care
- (S.2(2))– take such care as is reasonable in the circumstances to see that the visitor will be reasonably safe using the premises for the purpose for which he is invited to be there
7
Q
what is the sixth step of OL to lawful visitors?
A
breach of duty
- same for all lawful visitors-failure to reach standard of the standard of the ‘reasonable man’
- (Laverton v Kiapasha Takeaway Supreme)-occupier doesn’t have to make property completely safe – only what is reasonable
8
Q
what is the standard of care of children?
A
-common duty of care#
