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Law - Unit 2 > Occupiers Liability > Flashcards

Occupiers Liability Flashcards

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1
Q

Basic knowledge - where does it come from and what does it involve?

A
  • Comes from statute & common law

- Involves the liability of an occupier to both visitors and persons other than visitors

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2
Q

MAIN ACT

A

Occupiers Liability Act 1957 - for visitors

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3
Q

Occupier definition

A

person who has control of land or buildings
person who has possession
may be more than 1 occupier (wheat v Lacon)
ACT DOES NOT DEFINE WHO IS THE OCCUPIER - STATES THAT THE RULES OF COMMON LAW SHOULD APPLY s1(2)

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4
Q

Premises definition

A 
land or buildings which are occupied 
includes structures (grandstands) 
includes moving structures (vehicles - wheeler v copas)
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5
Q

What is the test that should be applied?

A

occupational control

control = occupier and owe DoC

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6
Q

Wheat v Lacon (1996) - categories

A
  1. Tenants ( where the landlord does not have access)
  2. Landlords (who still retain some access to the property while be occupier of those areas - eg : apartment building lift
  3. Landlords who grant a license for their property (eg - pub)
  4. Owner of land/building will be occupier where contractors are employed
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6
Q

Wheat v Lacon (1996) - categories

A

1.Tenants ( where the landlord does not have access)
2.Landlords (who still retain some access to the property while be occupier of those areas - eg : apartment building lift
3.Landlords who grant a license for their property (eg - pub)
4. Owner of land/building will be occupier where contractors are employed
- sometimes contractor will be occupier (while building is being
built)

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7
Q

Harris v Birkenhead Corporation (1976)

A
  • infant fell out of 2nd floor window
  • 1st instance - in favour of plaintiff - corp appealed
  • issue = establish at which point the local authority and corporation become the occupier of the property
  • local authority = occupier
  • after service of notice of entry is serves to a tenant. - relevant authority becomes legal occupier
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8
Q

LAWFUL VISITORS

A

Anyone who is present in the premises by:

  • occupiers invitation
  • occupiers express/implied permission
  • exercise of legal right (emergency services/meter reader)
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9
Q

Expressed permission

A

permission that is given specifically, verbally or written

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10
Q

Implied permission

A

not expressly granted by a person, rather implicitly granted by a persons actions and the facts and circumstances of a particular situation (entrance into a pub/restaurant)

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11
Q

Visitors according to s1(2)

A
  1. Invited people - friends/workmen
  2. Licensees such as customers
  3. Those entering under contractual agreement
  4. Those not requiring permission due to legal rights - police/meter readers
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12
Q

Lowrey v Walker (1911)

A
  • owner of a savage hose places into a field where members of public cross on their way to railway
  • plaintiff = attacked by horse
  • landowner had never stopped trespassers
  • D = liable - plaintiff did not have express permission
  • permission implied due to repeated trespass
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13
Q

COMMON DUTY OF CARE

A

section 2 occupiers liability act 1957 - imposes a duty of case owed to lawful visitors

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14
Q

section 2 occupiers liability act 1957

A
  1. An occupier of premises owes the same duty to all their visitors …. amend this duty to any visitor by agreement
  2. take reasonable care in all circumstances to see that the visitor is reasonably safe when using the premises for the purpose of which they are invited
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15
Q

s2(2) occupiers liability act 1957

A

reasonable care can be achieved -

  1. By making the premises reasonably safe
  2. Giving effective warnings
16
Q

Staples v West Dorset Council

A

plaintiff fell down algae covered slope
knew the algae was there and would make him fall
held - warning sign would not have informed plaintiff of new infro

17
Q

what are the guidelines for?

A

to advise courts of what to do when case involves persons with special characteristics

18
Q

s2(3) (a)

A

CHILDREN

19
Q

CHILDREN - guidelines

A
  • special duty of care
  • expect children to be less careful that adults (warning for adults may not be sufficient for children )
  • occupier may be liable if they fail to protect children from hidden dangers or allurements - Glasgow corporation v Taylor
  • occupier entitled to assume that very small children will be accompanied by adult - Phipps v Rochester corporation
20
Q

Glasgow corporation v Taylor

A

Child are poisonous berries & died

d = liable (did nothing to prevent the child from getting the berries)

21
Q

Phipps v Rochester corporation

A

child fell in trench & broke leg

d= not liable - very small children will be accompanied

22
Q

s2(3) (b)

A

SPECIAL SKILL

23
Q

SPECIAL SKILL - guidelines

A
  • occupier can expect a person in the exercise of his calling, to appreciate and guard any special risks that may occur due to Job
    Roles v Nathon
24
Q

Roles v Nathan

A
  • killed by carbon monoxide coming from sweep hole - they were sealing
  • warned about danger
  • held - warnings enough to make the sweeps reasonable safe
  • not liable
25
Q

s2(4)(a)

A

WARNINGS

26
Q

WARNINGS - guidelines

A

warning sign not enough to remove liability

 - unless in all circumstances it ensured the visitor was reasonable safe 
 - Roles v Nathan - warnings enough 
 - Darby v National trust - obvious risk = no duty to warn - children - warnings must be low and clear --- if not they need to be clear for adults
27
Q

s2(4)(b)

A

INDEPENDENT CONTRACTOR

28
Q

INDEPENDENT CONTRACTOR - guidelines

A
  • occupier not liable for injuries cause to visitors by independent contractor
    - o’connor v swan & Edgar
  • occupier must take reasonable care in selecting a suitable contractor
    - Bottomley v Todmordon Cricket club
29
Q

o’connor v swan & Edgar

A
  • plaintiff visitor working as a demonstrator
  • ceiling fell on her
  • sued occupier and plasterer
  • plasterer = liable
30
Q

Bottomley v Todmordon Cricket club

A
  • pyrotechnic display found on google

- cricket club did not check if qualified

Law - Unit 2 (1 decks)

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