Occupiers liability Flashcards
OLA 1957
Lawful visitors
OLA 1984
Unlawful visitors
common element 1, who is an occupier
wheat v lacon, someone with a sufficient degree of control over the premises.
common element 2, what is a premises
S1(3)(a), Land, buildings, fixed/moveable structures, vessel, vehicle, aircraft.
common element 3, lawful visitor / trespasser.
invitees, licensee, contractual, statutory authority.
S2(1)
an occupier owes the same duty of care to all his lawful visitors.
S2(2)
the common duty of care is the occupier must take reasonable care to keep visitors reasonably safe.
laverton
doesn’t have to make the premises completely safe, just reasonably.
dean and rochester cathedral v debell
tripping, falling, slipping are everyday occurrences that cannot be completely protected against.
seriousness of potential harm, practicability of precautions case
paris v SBC
S2(3)(a)
an occupier must be prepared that children are less careful, and must be reasonably safe for them.
glasgow v taylor
Occupier had not taken extra precautions for children.
jolley v sutton
allurements to children must be foreseeable to cause damage.
Phipps
young children should be under the responsibility of their parents.
S2(3)(b)
a person carrying out a trade should appreciate against any special risks.
roles v nathan
traders should have knows the risks.
S2(1) 57
exculsion clauses, to exclude liability for children the child must be able to understand it.
S65 CRA 2015
cannot excude liability for personal injury or death.
S2(4)(a)
warnings, if d has given a warning that in all circumstances, would enable the visitor to be reasonably safe, it is a complete defence.
Rae v mars
warnings should be before the danger, and visible.
S2(4)(b)
independent contractor work, occupier is not at fault if, it was reasonable work to give, D made sure the contractor is competent, occupier must check work has been done properly.
haseldine v daw
reasonable to give work over
Bottomley
contractors were not competent.
woodward v mayor of hastings
reasonable for d to check the work done.
addie v dumbreck
no duty of care for trespassers, only to not inflict harm willingly.
herrington v brb
departed from addie, made it so a duty of common humanity was owed to trespassers.
s1(3) 84
occupier only owes a duty if, S1(3)(a), he is aware of danger or has reasonable grounds to believe it exists, S1(3)(b), reasonable grounds to believe v is in the vicinity or can be, S1(3)(c), if the danger is not obvious, to make it aware.
S1(3)(a) 84
Rhind
S1(3)(b) 48
Higgs v foster
S1(3)(c) 84
Tomlinson
S1(4) 84
Keown, take reasonable care to make sure they are not injured (use size of risk etc).
S1(5) 84
westwood, if they can prove they took reasonable steps< it will be a complete defence.
