Occupiers Liability

Question 1

Who is an occupier

Answer 1

Bailey v armes controls premises
Wheat v lacon owns premises

Question 2

What are premises

Answer 2

S.1(3)(a) OA 1957
Fixed or moveable structure including any vessel vehicle or aircraft

Question 3

Visitor
1957 occupiers liability act
Who is a visitor

Answer 3

Invited on premises
Permission to be on premises
Contractual permission
Statutory right of entry

Question 4

Duty of care for visitors

Answer 4

Reasonably safe
Laverton v kiapasha

Question 5

Visitors
Stage 1

Answer 5

S.2 occupiers act

Question 6

Stage 2 visitors

Answer 6

Harm must be causes by the state of the lamd

Question 7

Stage 3 visitors

Answer 7

Can only claim for foreseeable damage

Question 8

Duty owed to child visitors

Answer 8

Jolly v Sutton
Simkiss v Rhonda
Children are alluded to danger so more precautions

Question 9

Professional visitors

Answer 9

Lower standard
Roles v Nathan

Question 10

Independent conrractors

Answer 10

1. Reasonable to give work to ic haseldine v daw
   2.contractor must be competent bottemly v todmorden
   3.occupier must check the work Woodward v mayer of hastings

Question 11

Defences visitor
Warnings

Answer 11

Must be sufficient to kept reasonably safe
Ray v marrs

Question 12

Other visitors defences

Answer 12

Exclusion clauses
Volenti
Con neg

Question 13

Tresspassers when is a duty owed

Answer 13

S.1(3)
Aware of danger
Knows of tresspassers
Risk needs protection

Question 14

Tresspasserr
Not liable for obvious danger

Answer 14

Ratcliffe v McConnell

Question 15

Tresspasser
Time od day is relevant

Answer 15

Donoghue v folkestone

Question 16

Tresspassers
Do not have to spend much

Answer 16

Tomlinson v Congleton

Question 17

No reason to suspect trespasser

Answer 17

Higgs v foster

Question 18

Not aware of danger tresspasser

Answer 18

Rind v Astbury water park

Question 19

Child tresspasser
Same duty as an adult

Answer 19

Baldaccino v west wittering