occupiers' liability Flashcards
law of tort
what is occupier’ liability act 1957
duty towards those who come onto land with permission
what is the occupiers’ liability act 1984
duty towards those who come onto land without permission
what does liability mean
it is a legal term that describes the condition of being actually or potentially subject to a legal obligation ( a legal fault)
what are the definition for occupier
it is person who has ‘control’ of the premises
but not defined in either of statute (acts)
what doesn’t an occupier have to be
physical occupier
the owner
what were the facts of wheat v E.Lacon & Co.Ltd 1996
manager of pub given right to rent out rooms in his private quarters even though he had no ownership rights
a paying guest fell on an unlit staircase and died
what was legal points for wheat v E.lacon & Co Ltd 1966
HOL held both manager and his employer could be occupiers
what were the facts of Harris v Birkhead 1976
4 year old child injured in empty house. the council had taken control of the property but had not t taken possession. council had not boarded up he premises or made it secure.
what is legal point of Harris v birkhead 1976
it was decided the council was ‘in occupation’ as they were in control of the premises
what is the facts of Bailey v armes 1999
defendants lived in a flat above a supermarket and allowed their son to play on the roof. the supermarket knew nothing of the use of the roof. the son took a friend up there to play who then fell from the roof.
what is the legal point of Bailey v armes 1999
neither the supermarket nor the defendants were occupiers of the roof as neither had sufficient control over it
what section is premises under
section 1(3) 1957 act
what is a premises
it includes land, buildings and ‘any fixed or moveable structure, including vessel, vehicles or aircraft’
what happen in Wheeler v Copas 1981
a labour- only subcontractor was provided with an inadequate ladder by the defendant. he was injured using it.
what was the obiter dicta of Wheeler v Copas 1981
Chapman J said- ‘…it is true that covers moveable structures, such as vessels, vehicles and aircraft. i do not doubt that in appropriate circumstances it could apply to ladder…’
what is a lawful visitor
someone who has permission to be on/in another’s premises
what are the four lawful visitors
invitee
licensee
contractually permitted
statutory right to enter
what is an invitee
getting invited in
what is a licensee
given authority to have a right to be in the house
what does contractually permitted mean
contracted to be in the place
what des statutory right to enter
has a right to enter from a statue
eg. firemen, police and warrant
what is every adult visitor owed
they are owed a common law duty of care however this duty is specially outlined in s.2(2) of the 1957 act.
what is stated that an occupier must
‘take such care as in all the circumstances it is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited.. to be there’
what was the facts of Laverton v Kiapasha takeaway supreme 2002
the claimant visited the D’s shop. she was wearing ankle boots with a inch cowboy style heels. she had drunk 20 units of alcohol. the shop was about 12 foot by 13 foot and there was about 30 people at the time. the floor was slippery and she slipped and fractured her ankle.
what was the legal point of Laverton v Kiapasha takeaway supreme 2002
walking in water was something that could not be avoided completely even with a mat and regular mopping. C should have aware of the risk and the slip resistant floor should not be criticised. the duty was to take reasonable care to ensue that visitors were reasonably safe. safety was not guaranteed. visitors need to take their own safety.
what must the premises be
must be a ‘real source of danger’ before foreseeability of the risk of the damage can be found