Occupiers liability Flashcards
What is occupiers liability 57
When an occupier owes a duty of care to lawful visitors and that duty is breached and the visitors are injured they can sue
Who can be an occupier
An occupier can be the owner or tenant of the premises
What cases are used for deciding an occupier
Wheat, Harris v Birkenhead, Bailey v Armes
Explain Wheat
manager of a pub rented out rooms in his private quarters. There can be multiple occupiers
Explain Harris v Birkenhead
A child was injured in a house not boarded up. Council was the occupier
Explain Bailey v Armes
a child was hurt on a rooftop, D not liable as did not have sufficient control over the roof
What can be a premises
Any fixed or moveable structure including any vessel, vehicle or aircraft
Who can be a lawful adult visitor
Invitees, licensees, those with contractual permission, those with a statutory right
What does section 2(2) read
is reasonable that a visitor will be reasonably safe in using the premises for the purpose for which he is invited
Explain Laverton v Kiapasha takeaway
Claimant slipped in the shop, company only has to make it reasonably safe not completely
What does section 2(3) read
An occupier must be prepared for children to be less careful than adults, the premises must be reasonably safe for a child of that age
What case is used to show level of care needed for children
Glasgow v Taylor
Explain Glasgow v Taylor
A child ate poisonous berries that were not fenced off. Council was found liable
What does section 2(3)b read
an occupier can expect a person in their calling to appreciate and guard against any special risks ordinarily incident so far as the occupier leaves them free to do so
What case shows care needed for trades and explain it
Roles v Nathan
chimney sweeps died from inhaling substances, occupier not liable as should have expected them to be aware of the danger
What are the three parts in consideration of an independant contractor
It must be reasonable for the work to be given out (the more specialist the work the more likely it will need to be given out, the contractor must be competent enough to carry out the work, the work must be checked its done properly
State and explain the case that explains the first part to the contractors
Haseldine v Daw and son
Claimant was killed by a faulty lift, occupier not liable as it was specialist work
State and explain the case that explains the second part to the contractors
Bottomley
Stuntman in a display was burnt with no experience of pyrotechnics, club liable as he was not competent
State and explain the case that explains the third part to the contractors
Woodward
Child injured on ice after snow was cleared, It wasnt checked properly and occupiers were liable
What are the three defences to occupiers 57
Contributory negligence, consent, warning notices
Explain warning notices
s2(4) effective if in all the circumstances it was enough to enable the visitor to be reasonably safe
However when the danger is obvious the visitor is expected to appreciate it
State and explain the case that shows warning signs to not be enough
Rae v Mars
there was a hole in a shed, warning sign not enough as it could not be seen
State and explain the case that shows no sign is needed
Staples
Danger of wet algae on a wall should have been obvious and no further warning was required
