Occupiers Liability Flashcards
What is the Occupiers Liability Act 1957 for?
Claims bought by lawful visitors
What is an Occupier?
Someone with sufficient control of the premises
What is a premises?
Fixed or moveable structure
What are the 4 types of visitors?
Invitee (invited)
Licensee (permission)
Contractual (ticket to event)
Statutory right (police warrant)
What is the standard of care S2(2)
Reasonable care to keep visitor reasonably safe
Laverton V Kiapasha Takeaway
What is the standard of care for children? S2(3)a)
Higher standard
Glasgow V Taylor (poisonous shrub)
What is the standard of care for professionals? S2(3)b)
Lower standard
Roles V Nathan (chimney sweeps know the risk)
Conditions for Independent contractors? S2(4)b)
Reasonable to entrust - Haseldine V Daw (lift repair)
Competence checked - Bottomley V Todmoren (fireworks)
Work checked - Woodward V Hastings (icy steps)
What is the Occupiers Liability Act 1984 for?
Trespassers
What does S1(1)a) state?
Claims can be bought by an unlawful visitor for injury only
When is an occupier liable for a trespasser? S1(3)
Aware of risk - Rhind V Astbury (submerged container in lake)
Aware of trespassers - Higgs V Foster (police fell in pit)
Protection should’ve been provided - Tomlinson V Congleton (swam in lake spinal injury)
What is the occupiers duty? S1(4)
Take care such as is reasonable in the circumstances
What are defences for 1984 Act?
S1(6) Volenti (consent) - Tomlinson V Congleton
S1(5) Warnings - Westwood V Post office
What are the defences for 1957 Act?
Consent S2(5) Full defence
