Occupiers Liability Flashcards
What is occupiers liability?
Is a field of tort law which concerns the duty of care owed by those who occupy real property, to people who visit or trespass.
What two acts deal with occupiers liability?
- Occupiers liability act 1957 deals with lawful visitors.
- Occupiers liability act 1984 deals with trespassers.
What is the main remedy for successful occupiers liability claims?
Compensation.
What is an occupier?
Basically anyone deemed to be in control of a premises.
Who are lawful adult visitors?
- Invitees.
- Licensees.
- Those with contractual permission.
- Those with statutory rights of entry- police, etc.
Describe occupiers liability to children.
- Subjective, depends on age.
- Sometimes the occupier is not found liable because the child affected was not supervised by guardian.
How does allurement affect occupiers liability?
If an allurement exists, then if the damage or injury is not foreseeable, there may be no liability on the occupier.
Describe occupiers liability to people carrying out a trade.
Occupier owes duty of care. However, if the tradesman has failed to protect himself from any special risks, then occupier may not be liable.
What are defences to a claim by a lawful visitor?
- Contributory negligence.
- Volenti (Consent).
- Warning sign/obvious danger.
How is an occupier liable to trespasser? (1984 act)
Traditionally the occupier owed the trespasser no duty at all. Changed as they owe a duty of common humanity.
What are some factors affecting liability to trespassers?
- No liability if danger is obvious and trespasser is adult.
- Occupiers not expected to spend lots on risk proof.
What are defences to a claim by a trespasser?
- Contributory negligence.
- Consent.
- Warning in very clear terms.
What can trespassers claim for (remedies)?
Only personal injury claims.
What is the difference between the 1957 and 1984 Acts?
•1957 Act – allows for personal injury and damage to property claims, whereas the 1984 Act only allows for personal injury.
What is objective approach?
•1957 Act requires the occupier to do all in their power to ensure that the visitor will be reasonably safe.
What is subjective approach?
•1984 Act demands that the occupier needs to be aware or have reasonable grounds to believe that there is a danger before they are liable
What was the legal principle of Glasgow Corporation v Taylor (1922) (Child poisoned by berries in park).
•Occupier has to protect child visitors from allurement.
What is legal principle of Laverton v Kiapasha Takeaway Supreme (2002)? (Customer injured in shop).
•The premises don’t have to be completely safe. Occupier has to make premises reasonably safe.
What case links to OL for the torts of independent contractors?
Haseldine v Daw & Son. (Claimant killed when lift fell). Occupier not negligent for the repair as work is highly specialist activity.
What case links to young children supervision?
Phipps v Rochester Corporation (child fell in trench) -Occupier can expect parents to supervise young children.
What case links to unaware danger?
Rhind v Astbury water park. (Glass at bottom of lake on private grounds) -O doesn’t owe a duty for danger he’s unaware of.
What case links to defences to a claim by trespasser?
Westwood v Post Office. (Entered unlocked room with sign on door). D not liable as notice was a sufficient warning to an adult.
To remember Occupier’s Liability Act 1957 points in exam?
- Definition
- The duty and standard of care in the 1957 act
- Avoiding the duty
Main A01 points for Occupiers Liability Act 1957?
- Occupiers and premises
- Lawful adult visitors
- OL to children, tradesmen, independent contractors
- Defences
Main A01 points for 1984 Act?
- Explanations
- Defences
