Occupiers Liability Flashcards
General definition
legal responsibility of an occupier for damage caused by the state of the premises
2 main statutes and who they apply to
Occupiers Liability Act 1957 - lawful visitors
Occupiers Liability Act 1984 - unlawful visitors
3 common elements
Occupier
Premises
Lawful visitor
What is an occupier + case
Anyone with enough control over the premises (Wheat v Lacon)
Define premises + statute
Land and buildings, any fixed or movable structure, including vehicles, vessels and aircraft (S1(3)(a) of 57 Act)
Who is a lawful visitor?
Invitees
Licences
Contractual permission
Statutory right of entry
Using public rights of way
Do NOT make you a lawful visitor
Who is a trespasser?
No permission or permission exceeded
57 - when is duty owed
S2(1) - occupier has duty of care to visitors
57 - what is duty owed
S2(2) - to keep them reasonably safe in using premises
57- Case for what duty is owed
Laverton v Kiapasha Takeaway Supreme
57- Occupier doesn’t have to guard against everyday occurrences
Dean and Rochester Cathedral v Debell
57- Risk factors
size of risk - miller v jackson
seriousness - paris v stepney
precaution - latimer
benefits - watt v hcc
57- occupier must prepare for children to be less careful than adults & premises must be reasonably safe for a child of that age
S2(3)(a)
57- Foreseeable that damage may occur
Jolley v Sutton
57- must guard against alluring things
Glasgow Corp v Taylor
57- Particularly young children - parents responsibility
Phipps v Rochester Corp
57- Person carrying out trade should appreciate and guard against any risks incident to it
S2(3)(b)
57 - Guard against risks case
Roles v Nathan
General defences under 57
volenti
contributory negligence
57- specific defences
Exclusion clauses
Warnings
Work by independent contractors
57- Exclusion clauses
S2(1) OLA - exclude liability via sign/ticket/term in contract
57- exclusion clause difficulties
1- child must be able to understand exclusion
2- s65 Consumer rights act 2015 says traders/business can’t exclude liability for personal injury/death to consumers
57- warnings
S2(4)(a) - warning that in all circumstances would enable visitor to be reasonably safe
57- warnings case
Rae v Mars
57- Work done by independent contractors
S2(4)(b) - occupier NOT at fault if:
-reasonable to hire them
-ensured they are competent
-checked work
57- reasonable to hire contractor case
Haseldine v Daw
57- ensured they were competent case
Bottomley v Todmorden Cricket Club
57- case for checking work was done properly
Woodward v Mayor of Hastings
Remedies for 57
Damages for
-death/personal injury
-property damage
84- when is duty owed?
S1(3)
-aware of danger
-knows person is in vicinity of danger/will be
-may be expected to offer protection
84- occupier is aware of danger (S1(3)(a) )
Rhind v Astbury Water Park
84- knows someone will be in vicinity of danger (S1(3)(b))
Higgs v Foster
84- occupier expected to offer protection (S1(3)(c))
Tomlinson v Congleton Borough Council
84- what is the duty
S1(4) - to take care as is reasonable in circumstances to see the trespasser isn’t injured
84 - child trespassers
same rules apply as adults
Keown v Coventry Heathcare
84- defences
volenti
contributory negligence
warning
84- warning
s1(5) - D shows has taken reasonable steps to give warning of danger or discourage tresspassers
Westwood v Post office
84- remedies
s1(8) - damages for death or personal injury
NOT property damage
