occupiers liability Flashcards
occupiers liability act 1957
lawful visitors
occupiers liability act 1984
trespassers
what is stage 1
who is an occupier
who is an occupier
someone with a sufficient degree of control
case for who is an occupier
Wheat v lacon
stage 2
who is a visitor
who is a visitor
someone with:
- express or implied permission
- legal rights of entry
- permission due to contract
case for who is a visitor
Lowery v walker
what was established in the calgarth
visitors who exceed their permission under OLA 1957 become trespassers and will be dealt with under OLA 1984
stage 3
what are premises
what are premises defined as under s.1(3)(a)
any land, any building, any fixed/moveable structure including any vessels, vehicles and aircrafts
case for lift
Haseldine v daw
case for ladder
Wheeler v copas
what does it mean by state of premises
under S.1(1) is in respect of damage caused by the state of the premises and the land/building must have an underlying problem with them
case for state of premises
Ogwo v Taylor
what is the duty of care under S.2(2)
occupier must take reasonable care to see that visitors will be reasonably safe using the premises for the purpose of their visit
Tedstone v Bourne Leisure
the duty is to keep the visitor safe, not the premises
what was established under s.2(3)(a) OLA
an occupier must be prepared for children to be less careful than adults
case example for children
- Jolly v sutton
- Glasgow co. v Taylor
- Moloney v LBC
what was established under s.2(3)(b)
that professionals/experts should ‘guard and appreciate against any special risks ‘ordinarily incident’ to their job
case example for experts
Roles v Nathan
what are the two ways an occupier may discharge their duty
- warnings s.2(4)(a)
- faulty execution of work by an independent contractor engaged by the occupier under s.2(4)(b)
what is the requirements for warnings s.2(4)(a)
- must cover the danger that in fact arises
- there is no duty to warn against obvious risks
case examples for warnings
- Rae v Mars
- Cotton v derbyshire dales
how many conditions are there to satisfy faulty work of an independent contractor under s.2(4)(b)
three conditions
condition one for faulty work of an independent contractor + case
has the occupier acted reasonably in entrusting the work to an independent contractor
- Haseldine v daw
condition two for faulty work of an independent contractor + case
did the occupier take any steps in order to satisfy himself that the independent contractor was competent
- Bottomley v TCC
condition three for faulty work of an independent contractor + case
occupier was sure that the work was actually done
- Woodward v Mayor of Hastings
what sections must be satisfied for a duty to arise for trespassers
S.1(3)(a) - (c)
what is S.1(3)(a) for duty for trespassers + case
the occupier is aware of the danger or has reasonable grounds to believe it exists
- Rhind v AWP
what is S.1(3)(b) for duty for trespassers + case
the occupier knows or has reasonable grounds to believe that the other (trespasser) is in the vicinity of the danger
- Swain v NRP
- Scott v ABP
what is S.1(3)(c) for duty for trespassers + case
the risk is one against which, in all the circumstances of the case, they may be reasonably expected to offer the other some protection
- Tomilson v Congleton BC
what may be some of the circumstances of the case in S.1(3)(c) to consider
- the purpose of the entry
- the age and capabilities of the trespasser
- financial resources of the trespasser
- the nature of the premises and what precautions were practical
what is the duty for trespassers under s.1(4)
’ the duty is to take such care as is reasonable in all the circumstances of the case to see that he does not suffer injury on the premises by reason of the danger concerned’
