Occupiers Liability Flashcards
Who is an occupier
Wheat v E Lacon - could be multiple people, manager / employers
Harris v Birkenhead - person with control of premises
Bailey v Armes - person with insurance or could be no one
What is a premises
S1(3)(a) OLA 1957 - “fixed or moveable structure, including any vessel, vehicle and aircraft”
Ship in dry dock, lift, ladder
What duty does the occupier owe a lawful visitor
2(1) common duty of care
2(2) “reasonably safe in using the premises for the purpose for which he is invited”
Who is a lawful visitor
Invitees - persons who have been invited and who have express permission to be there
Licensees - express / implied permission to be on the land for a particular period
Contractual permission - e.g. entry ticket
Statutory right - police with warrant and meter readers
Cases to show reasonable safety of premises
Laverton v Kiapasha Takeaway Supreme - slip resistant tiles and mopping were reasonable precautions
Rochester Cathedral - must be a real source KD danger, not a minor defect. Has the be above the risk of a minor blemish / defect.
Cole v Royal British Legion - duty could not extend past 2 years
Statute for liability to children
2(3) “the premises must be reasonably safe for a child of that age”
Standard of care measures subjectively
Cases for liability to children
Glasgow Corporation v Taylor - should guard against “allurements”
Phipps v Rochester Corporation - not liable as occupiers are entitled to expect that parents should keep children safe
Jolley v LBS - “allurement” was a clear danger, foreseeable children would play on it
Tradesmen
2(3)(b) - can be expected to “appreciate and guard against any special risks ordinarily incident to it so far as the occupier leaves him free to do so”
Roles v Nathan - chimney sweep should have been aware of risk
Can D pass claim to contractor?
Yes - s(2)(4)
3 requirements for D to pass claim to contractor
- Must be reasonable for D to pass claim to contractor. More likely if work is specialist. (Haseldine v Daw & Son Ltd)
- Contractor must be competent for task, and occupier should check references / insurance. (Bottomley v Tormorden Cricket Club)
- Occupier must check work is properly done. If work is technical and D is not an expert, a surveyor or architect may be required. (Woodward v Mayor of Hastings).
Defences to occupiers liability
Contributory negligence
Consent
Warning notices
Exclusion Clauses
Warning notices statute and cases for visitors
Can be oral or written
S2(4) a warning is ineffective unless “in all circumstances, it was enough to enable a visitor to be reasonably safe
Rae v Marrs - additional warnings needed for very dangerous areas
Staples v West Dorset District Council - where danger is very obvious, no warning needed
Exclusion clauses statute rules
Can limit liability
Whether an exclusion works against a child visitor may depend on age and ability to understand
For businesses, Consumer Rights Act and Unfair Contract Terms Act means personal injury or death cannot be excluded
What duty is owed to trespassers under OLA 1984
they owe a duty of ‘common humanity’ (Herrington) if:
S1(3) a. They are aware of the danger or have reasonable grounds to believe it exists
b. They have reasonable grounds to believe the other is in the vicinity of the danger or may come into it
c. The risk is one against which they may be expected to offer some protection
S1(4) “take such care as is reasonable in the circumstances to see that he is not injured by reason of the danger”
Case to say occupier will not be liable if trespasser is injured by an obvious danger
Ratcliff v McConell
Student diving into pool at night
