Occupiers 57 Flashcards
Wheat v lacon
Manager of a pub rented out rooms when he had no ownership rights of the pub and a guest fell on the stairs and died the House of Lords decided that the manager and his employers could be occupiers so there was more than one occupier
Harris V Birkenhead
Four-year-old child injured in an empty house which was in the hands of the council
They had not bored of it off yet and it was decided they were in occupation as they were affectively in control of the premises
Define premises
Premises is defined as any fixed on movable structure including a vessel vehicle aircraft
It also includes a vehicle a ship in a dry dock a lift and ladders
Define occupiers liability 57
Occupiers liability is a branch of negligence, an occupier of the premises also duty of care to lawful visitors, and if that duty has breached and the visit is injured they are entitled to receive compensation
What does section 2 (two) define
An adult visitor that is order duty of care “take such care in all circumstances… Is reasonable to say that the visit and will be reasonably safe in using the premises for the purpose in which he is invited to be there”
Laverton v kiapasha takeaway
Claimant slipped inside of shop
The defendant took all reasonable steps to ensure the shop was safe By installing slip resistant tiles so they were not liable
Dean and chapter of Rochester Cathedral V Debell
The claimant tripped over a small piece of concrete the Court of Appeal decided tripping, slipping and falling or every day occurrences. There must be something over and above the risk and the risk must be reasonably foreseeable
Section 3 (two)
Occupiers liability to children. The occupier will all children coming on the premises the common duty of care, but special or duties to child visitors. The occupier “must be prepared for children to be less careful than adults and the premises must be reasonably safe for a child of that age”
Jolly V LB of Sutton
The council had failed to move and abandon bought that had been on the land for two years and two boys were injured on it
The Court of Appeal decided that the boat was an Allurement And the course of action taken by the boys meant the injury was not foreseeable
Glasgow corporation v Taylor
The Claimants eight poisonous berries And died but there was no sign that the berries with dangerous
The council were liable as they were aware of the danger and berries were seen allurement to children
Section 2 (three) (B)
Occupier always trade man a duty when they come on the premises. Person in the exercise of their calling will “appreciate and guard against any special risks ordinarily incident to do it so far as the occupier leave him behind to do so “
Roles v Nathan
To chimney sweeps died after inhaling fumes and they were one of them
They were not liable as they could have expected chimney sweeps to be aware of this danger
Section 2 (four)
Occupiers liability for independent contractors. One) it must be reasonable for the occupier to have given work to the independent contractor – Haseldine v daw and son - claimant killed when lift fell to bottom of the shaft. Not liable as the work was reasonable to ask a specialist first
2) The contractor hired must be competent to carry out the task – Bottomley V Todmoren cricket club - firework display Where the claimant was ameture And he injured himself. Club is liable as field to exercise reasonable care to choose a competent contractor
3) that occupier must check the work was done properly – Wood Ward V The mayor of Hastings- Child Injured after steps were left Icy . Occupiers failed to take reasonable steps
