Occupiers Liability Flashcards
What are the two OL acts ?
Occupiers liability 1957 and 1984
What case outlines what an occupier is
Wheat V Lacon 1966
What does the OCA 1957 cover?
Visitors
What are the 3 main parts of OLA (1957)
- duty of care
- children
- contractors
What is the main section for the Duty of Care?
Section 2
What is a duty of care
Making the area reasonably safe
- the reasonable man
What is included in private contractors
An occupier isn’t liable if it happens due to a contractor is they took reasonable steps to believe the contractor was safe
What is the case for private contractors and what happens
Hasledine V Daw : a man fell and died in a lift that was just fixed by an independent contractor the building were not liable as they hired someone who they belived where safe
What is involved in children with the OLA 1957
- s2 3 a must be prepared for children to be less careful than adults
What are the 2 cases for children and what happens in them
- Phipps V Rochester 1955 : 2 children walk across a land where houses were being built. A trench was dug one child fell in and broke his leg - parents were responsible
Glasgow Corporation V Taylor 1992: child died from eating poisonous berry’s in a park. Corporation new they were deadly and did not keep them safe. Corporation was liable
What does the OCA 1984 cover ?
Unlawful visitors
What are the 2 main cases for establishing a common duty of care for trespassers
- Addie V Dumbreck
- British railway board v Herrington
What are the key facts in Addie V Dumbreck 1929
Child died on the land and it was established they the landowner had no duty of care to trespassers
What are the key facts in British Railway Board v Herrington 1972
A child was electriscuted after he wondered from a park onto a railway line that had a loose fence. Departed from Addie v Dumbreck and said landowners had a common duty of care to trespassers
What is a case for trespassers and what happens in it
Tomleson V Congleton: in this case the boy was at a boating and swimming lake . Signs were put out warning people not to swim in specific areas due to shallow water. He ignored them and dived in. He suffered spinal injuries but the occupiers were not liable as a sign can exclude liability.
