Occupier’s Liability - Topic 13 Flashcards
Who is an occupier?
The person who ‘controls the premises’
What is the importance of the case Wheat v Lacon?
There can be more than one occupier in a premise
What is the importance of the case Harris v Birkenhead Corporation?
You can be the occupier of an empty house
What is the importance of the case Bailey v Arms?
There can be no occupier sometimes
What is a premise?
Give 5 examples
Premise - any land and buildings on the land
E.g sheds, bridges, scaffolding, veichle or aircraft
What is the duty of care owed under s2 (2) of Occupiers liability act 1957?
To take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premesis for the purpose for which he was invited or permitted by the occupier to be there
What happened in the case of Laverton v Kipasha and what is the importance of this case?
Laverton slipped but the takeaway had slip resistant tiles and mopped frequently so it was no ones fault
What happened in the Rochester Cathedral v Debell and what is the importance of the case?
Debell tripped on some raised concrete by a bollard but it was an accident and so no ones fault
What happened in the case of Cole v David - Gilbert and what is the importance of this case?
Cole tripped on a hole in the ground from where 2 years prior to this there was a May pole and so it was no ones fault
What does s2(3)(a) of the occupiers liability act 1957 state?
The occupier must be prepared for children to be less careful than adults…[and as a result]….the premesis must be reasonably safe for children that age
What happened in the case Glasgow corporation v Taylor?
In the park a 7 year old ate poisonous berries
Council was liable because the poisonous berry bush wasn’t closed off and a 7 year old wouldn’t know any better
What happened in the case Phipps v Rochester corporation?
5 year old was out with his 7 year old sister
5 year old fell down a trench
Council wasn’t liable because parents should have been keeping an eye on their child
What happened in the case Jolley v London Borough of Sutton?
Council hadn’t moved an abandoned boat
Two 14 year old boys decided they wanted to fix the boat
They jacked the boat up and it fell on top of them
Eventually it was decided that the council were liable because it was reasonably foreseeable for kids to play on an abandoned boat
What does S2(b) of the occupiers liability act 1957 state?
An occupier can expect that a person in the exercise of his calling will appreciate and guard against any special risks ordinarily incident to it so far as the occupier leave him free to do so
What happened in the case Roles v Nathan?
Two chimney sweeps were warned off the carbon monoxide poisoning
They still went up the chimney and so died
The occupier of the house wasn’t liable because they’d warned the chimney sweeps and they both still decided to go up the chimney
