Occupiers Liability Flashcards
Occupiers liability: containment
Occupiers Liability Act 1957: covers lawful visitors
Occupiers Liability Act 1984: convers trespassers
Occupier
Do not have to rent premises, just be in control
Wheat v E Lacon (1966)
Premises
OLA 1957 s.1(3)(a):
‘fixed or moveable structure.’
* ship
*vehicle
* lift
* ladder
Lawful visitor
- Invitees
- Licensees
- Contractual permission
- Statutory right
If a lawful visitor exceeds their permission, they become a trespasser (The Calgarth).
Duty to adults
OLA 1957 s.2(2):
“Take such care as in all the circumstances… is reasonable.”
Laverton v Kiapasha Takeaway Supreme (2002)
Duty to children
OLA 1957 s.2(3)(a):
“Must be prepared for children to be less careful than adults.”
Glasgow Corporation v Taylor (1992).
Duty to workers
OLA 1957 s.2(3)(b):
“tradesperson will appreciate any guard against any special risks”
Roles v Nathan (1963).
Independent contractors
OLA 1957 s.2(4)(b):
Liability can be passed to a contractor
*Must be reasonable for work to be given to the contractor (Hazeldine v Daw & Son)
* Must be competent to carry out the task (Bottomley v Todmorden Cricket Club)
* Occupier must check work has been properly conducted (Woodward v Mayor Hastings).
Defences
- Contributory Negligence
- Exclusion clauses
- Warnings
- Consent
Trespasser
OLA 1984 s.1(3)
* No permission on premises
* Lawful visitor goes beyond permission (Tomlinson v Congleton Borough Council)
Duty to Trespassers
OLA 1984 s.1(1)(a)
“Injury on premises by reason of any danger due to the state of premises.”
Compensation only given for personal injury.
Duty to Trespassers: Requirements
- Aware of danger or reasonable ground to believe it exists
- Aware a person is or could come into the vicinity of danger
- Expected to protect against the risk
Adult trespassers
Ratcliff v McConnell (1999)
Child trespassers
Baldaccino v West Wittering (2008)
Warnings
Westwood v Post Office (1973)
