occupiers liability Flashcards
what’s the difference between the occupiers liability act 1957 & 84
1957 = lawful visitors
1984 = trespassers
Occupiers Liability Act 1957 s1(3)(a)
premises applies to land, buildings, aircrafts, vessels and vehicles
Occupiers Liability Act 1957 s2(2)
common duty of care on occupiers to lawful visitors (take such care as in all the circumstances of the case is reasonable to see the visitor will be reasonably safe)
Occupiers Liability Act 1957 s1(2)
invitees (expressed permission) and licensees (implied permission) are lawful visitors
Occupiers Liability Act 1957 s5(1) and s2(6)
s5(1) - those entering in pursuit of a contract (eg cinema)
s2(6) - those entering in exercising a statutory right (eg gas meter reading)
what’s the standard of care for Occupiers Liability Act 1957
the reasonable occupier
Occupiers Liability Act 1957 s2(3)(a)
children
an occupier must be prepared for children to be less careful than adults
Occupiers Liability Act 1957 s2(3)(b)
trained professionals
an occupier may expect that a person in the exercise of his calling will appreciate and guard against any special risks ordinarily incident to it
Occupiers Liability Act 1957 s2(4)(a)
warnings
warnings may discharge a duty of care, but wont be treated as absolving liability unless in all the circumstances it was enough to enable the visitor to be reasonably safe
Occupiers Liability Act 1957 s2(4)(b)
independent contractors
an occupier isn’t liable for dangers created by independent contractors if they;
-acted reasonable in all the circumstances in entrusting the work to the independent contractors
-took reasonable steps to satisfy themselves that the work carried out was properly done and the contractor was competent
defences to Occupiers Liability Act 1957
-violenti non fit injura (consent) s2(5)
-contributory negligence
-exclusion of liability s2(1) allows an occupier to modify their duty to visitors
key cases on Occupiers Liability Act 1957
-Wheat v Lacon
-Lowery v Walker
-Jolley v Sutton
-Roles v Nathan
-Darby v National trust
-Bottomley v Todmodern Cricket Club
-White Lion Hotel v James
Occupiers Liability Act 1984 s1(8)
death and personal injury are the only protected forms of damage
Occupiers Liability Act 1984 s1(3)
occupier owed a duty of care if:
(a)- the occupier is aware of a danger or has reasonable grounds to believe it exists
(b)- the occupier knows or has reasonable grounds to believe the other is in the vicinity of the danger or may come into the vicinity of the danger
(c)- the risk is one in which the occupier may reasonably be expected to offer the other some protection
Occupiers Liability Act 1984 s1(4)
the duty is to take such care as is reasonable in all the circumstances of the case to see that the other doesn’t suffer injury on the premises by reason of the danger concerned (also means the premises themselves must be dangerous, not the activity the claimant chooses to engage in)
