Occupiers Liability Flashcards
What is a premises and the section number? (both)
A fixed or moveable structure including aircraft’s vehicles and vessels
S.1(3)(a)
What is a lawful visitor? (1957)
They are allowed on the land through:
Invitee
Licensee
Contract
Statute
What is an invitee?
Someone invited onto the premises and has permission to be there
What is a licensee?
They are on the land for a particular reason (doing a job)
What is contractual permission?
A ticket for an event
What is permission through statute?
Police with a warrant
What does the case of Laverton v Kiapasha takeaway supreme say?
That the occupier doesn’t have to keep the lawful visitor completely safe as it is an impossible and unreasonable expectation
What does the case of Dean v Rochester Cathedral say?
They just protect from a real source of danger as slipping tripping and falling are part of everyday life
What does S.2(1) of the 1957 act say?
The occupier owes the lawful visitor a duty of care
What does S.2(2) of the 1957 act say?
The lawful visitor must be kept reasonably safe for the purpose of their visit
What is the rule for children? (1957)
They are owed a higher standard of care as they are less careful and more likely to take risks than adults
What standard must children be owed a duty of care to?
To the standard of a child of that age
What must children be protected against?
Allurements
Parental supervision
Injury must be foreseeable
What is the section for children in the 1957 act?
S.2(3)
What’s an allurement and case?
Something that entices the child
Glasgow- poisoned berries
Case for parental supervision
Phipps- must have parental supervision when a lawful visitor
Case for injury must be foreseeable
Jolley- the kind of play and injury was not foreseeable
What is the definition of an occupier?
The owner or tenant of the land (no statutory definition)
What does the case of Wheat v E.Lacon say about occupiers?
There can be multiple occupiers of a premises
What does the case of Harris v Birkenhead say about occupiers?
The occupier is the person in control
Can be known through insurance
What is the rule for an independent contractor?
Occupiers may not be liable if the lawful visitor is injured by the negligent work of the independent contractor
What are the 3 things that the occupier has to check about the independent contractor for them to not be liable?
It was reasonable to give them work
They are competent
The occupier checked the work was done properly
What does it mean that it must be reasonable to give them work and the case?
Was it necessary to hire a specialist for the work being done?
Haseldine v Dawson
What is the case for the work being competent?
Bottomly v Todmorden cricket club
What ways can an occupier see if the independent contractor is competent?
Qualifications, social media, word of mouth
What is the case for checking if the work is properly done?
Woodhard v mayor of Hastings
What is the section number for independent contractors?
S.2(4)
What is the rule for traders?
The occupier won’t be liable if injuried by something related to their trade as they are expected to know about it
What is the section number for traders?
S.2(3)(b)
What do occupiers owe traders?
A common duty of care to keep them reasonably safe
What is the case for traders?
Roles v Nathan
What is the scope of duty and the section for the 1984 act?
A duty of care is owed to trespassers for personal injury
S.1(1)(a)
What are the 3 ways a person becomes a trespasser?
Had no permission
Has gone beyond permission
Exceeded their permission
What is the rule for children? (1984)
Adults and children are treated the same
What are the 3 reasons the occupier will owe a duty of care to a trespasser and sections?
S.1(3)(a)- O is aware of danger and has reasonable ground to believe it exists
S.1(3)(b)- reasonable grounds to believe there is a trespasser in the vicinity
S.1(3)(c)- danger is one that O can provide reasonable protection against
What does S.1(4) of the 1984 act say?
The care taken must be reasonable
What are the 5 sub-sections for the occupier not being liable? (1984)
Obvious danger
Time of day or year
Warning signs ignored
No reason to suspect trespasser
Not aware of danger
What is the case and held for obvious danger?
Ratcliffe v McConell- occupier not required to warn of obvious danger
What is the case and held for time of day or year?
Donoghue v Folkestone properties- no DOC as they weren’t expected to do that action due to the time of day or year
What is the rule, case and held for warning signs being ignored?
Lots of money doesn’t have to be spent for the occupier to avoid liability
Tomlinson v Congleton BC- not BOD as not reasonable to spend lots of money to prevent people from obvious danger
What is the case and held for no reason to suspect trespasser?
Higgs v Foster- Not liable as couldn’t have anticipated police officers presence on property
What is the case and held for the occupier being unaware of the dangerr?
Rhind v Astbury Water Park- no DOC owed as occupier didn’t know about dangerous object
What is the case and held for the rules being the same for both adults and children?
Keown v Coventry Healthcare NHS trust- hospital not liable as boy was aware of danger
What are the 3 defences available for the 1984 act?
Contributory negligence
Volenti (negligence)
Warning notices
What is the AO2 structure for the 1957 act?
Occupier?
Premises?
C lawful visitor?
Nature of visitor?
O act reasonably and keep the visitor reasonably safe for the purpose of their visit?
Defences?
Conclude
What is the AO2 structure for the 1984 act?
C trespasser? Why?
D owe duty?- apply all of S.3
Aware of danger?
Believe someone in vicinity?
Offered protection against the risk?
O act reasonably?
Defences?
Conclude
