Occupiers liability

Question 1

What is occupiers liability 57

Answer 1

When an occupier owes a duty of care to lawful visitors and that duty is breached and the visitors are injured they can sue

Question 2

Who can be an occupier

Answer 2

An occupier can be the owner or tenant of the premises

Question 3

What cases are used for deciding an occupier

Answer 3

Wheat, Harris v Birkenhead, Bailey v Armes

Question 4

Explain Wheat

Answer 4

manager of a pub rented out rooms in his private quarters. There can be multiple occupiers

Question 5

Explain Harris v Birkenhead

Answer 5

A child was injured in a house not boarded up. Council was the occupier

Question 6

Explain Bailey v Armes

Answer 6

a child was hurt on a rooftop, D not liable as did not have sufficient control over the roof

Question 7

What can be a premises

Answer 7

Any fixed or moveable structure including any vessel, vehicle or aircraft

Question 8

Who can be a lawful adult visitor

Answer 8

Invitees, licensees, those with contractual permission, those with a statutory right

Question 9

What does section 2(2) read

Answer 9

is reasonable that a visitor will be reasonably safe in using the premises for the purpose for which he is invited

Question 10

Explain Laverton v Kiapasha takeaway

Answer 10

Claimant slipped in the shop, company only has to make it reasonably safe not completely

Question 11

What does section 2(3) read

Answer 11

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

Question 12

What case is used to show level of care needed for children

Answer 12

Glasgow v Taylor

Question 13

Explain Glasgow v Taylor

Answer 13

A child ate poisonous berries that were not fenced off. Council was found liable

Question 14

What does section 2(3)b read

Answer 14

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

Question 15

What case shows care needed for trades and explain it

Answer 15

Roles v Nathan

chimney sweeps died from inhaling substances, occupier not liable as should have expected them to be aware of the danger

Question 16

What are the three parts in consideration of an independant contractor

Answer 16

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

Question 17

State and explain the case that explains the first part to the contractors

Answer 17

Haseldine v Daw and son

Claimant was killed by a faulty lift, occupier not liable as it was specialist work

Question 18

State and explain the case that explains the second part to the contractors

Answer 18

Bottomley

Stuntman in a display was burnt with no experience of pyrotechnics, club liable as he was not competent

Question 19

State and explain the case that explains the third part to the contractors

Answer 19

Woodward

Child injured on ice after snow was cleared, It wasnt checked properly and occupiers were liable

Question 20

What are the three defences to occupiers 57

Answer 20

Contributory negligence, consent, warning notices

Question 21

Explain warning notices

Answer 21

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

Question 22

State and explain the case that shows warning signs to not be enough

Answer 22

Rae v Mars

there was a hole in a shed, warning sign not enough as it could not be seen

Question 23

State and explain the case that shows no sign is needed

Answer 23

Staples

Danger of wet algae on a wall should have been obvious and no further warning was required