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occupiers' liability Flashcards

law of tort

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1
Q

what is occupier’ liability act 1957

A

duty towards those who come onto land with permission

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2
Q

what is the occupiers’ liability act 1984

A

duty towards those who come onto land without permission

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3
Q

what does liability mean

A

it is a legal term that describes the condition of being actually or potentially subject to a legal obligation ( a legal fault)

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4
Q

what are the definition for occupier

A

it is person who has ‘control’ of the premises
but not defined in either of statute (acts)

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5
Q

what doesn’t an occupier have to be

A

physical occupier
the owner

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6
Q

what were the facts of wheat v E.Lacon & Co.Ltd 1996

A

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

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7
Q

what was legal points for wheat v E.lacon & Co Ltd 1966

A

HOL held both manager and his employer could be occupiers

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8
Q

what were the facts of Harris v Birkhead 1976

A

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.

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9
Q

what is legal point of Harris v birkhead 1976

A

it was decided the council was ‘in occupation’ as they were in control of the premises

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10
Q

what is the facts of Bailey v armes 1999

A

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.

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11
Q

what is the legal point of Bailey v armes 1999

A

neither the supermarket nor the defendants were occupiers of the roof as neither had sufficient control over it

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12
Q

what section is premises under

A

section 1(3) 1957 act

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13
Q

what is a premises

A

it includes land, buildings and ‘any fixed or moveable structure, including vessel, vehicles or aircraft’

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14
Q

what happen in Wheeler v Copas 1981

A

a labour- only subcontractor was provided with an inadequate ladder by the defendant. he was injured using it.

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15
Q

what was the obiter dicta of Wheeler v Copas 1981

A

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…’

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16
Q

what is a lawful visitor

A

someone who has permission to be on/in another’s premises

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17
Q

what are the four lawful visitors

A

invitee
licensee
contractually permitted
statutory right to enter

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18
Q

what is an invitee

A

getting invited in

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19
Q

what is a licensee

A

given authority to have a right to be in the house

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20
Q

what does contractually permitted mean

A

contracted to be in the place

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21
Q

what des statutory right to enter

A

has a right to enter from a statue
eg. firemen, police and warrant

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22
Q

what is every adult visitor owed

A

they are owed a common law duty of care however this duty is specially outlined in s.2(2) of the 1957 act.

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23
Q

what is stated that an occupier must

A

‘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’

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24
Q

what was the facts of Laverton v Kiapasha takeaway supreme 2002

A

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.

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25
Q

what was the legal point of Laverton v Kiapasha takeaway supreme 2002

A

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.

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26
Q

what must the premises be

A

must be a ‘real source of danger’ before foreseeability of the risk of the damage can be found

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27
Q

what’s the facts of Cole v Davis-gilbert the British legion 2007

A

claimant was injured when she was trapped her foot in a hole in a village green where a pole had once sat for a village fete

28
Q

what the legal points (decision) of Cole v davis-gilbert, the British legion 2007

A

the injury took place nearly two years after the hole was made. the occupier could not be expected to hold a duty for this long. there was also a suggestion that the hole must have been uncovered since he fete.

29
Q

when does a lawful visitor become a trespasser

A

will become a trespasser if their permission to be there withdrawn or they enter a part a premise which they have not been given permission to enter

30
Q

what is owed to the other visitors- children

A

a common law duty of care exists between occupier and a visiting child. but s.2(3) of the 1957 act places an additional, special duty of care on occupier with respect to child visitor

31
Q

what is state that occupiers of children visitors must do

A

‘must be prepared for children to be less careful than adult and as a result, the premises must be reasonably safe for a child of that age’

32
Q

what should the occupier do when there is a child visitors

A

guard against any allure not that puts the child at risk of harm as it is a subjective basis

33
Q

what was the facts of Taylor v Glasgow corporation 1923

A

the defendants owned the botanic gardens of Glasgow, the park is open to the public. a 7 year old boy ate some berries, they were poisonous and the boy died. the shrubs wasn’t fenced off and no warning were present as to the danger the berries presented

34
Q

what the legal points of Taylor v Glasgow corporation 1923

A

Glasgow corporation was liable as the children were entitled to go onto the land. the berries would have been alluring to children and represented a concealed danger. D were aware that they were poisonous and no warning or protection was offered

35
Q

prudent

what was the facts of Phipps v rochester corporation 1955

A

a 5 year old boy was walking across some open ground with his 7 year old sister, he was not accompanied. he was injured when he fell into the trench.

36
Q

what was the legal points of Phipps v rochester corporation 1955

A

the corporation were not held liable as an occupier is entitled to assume the prudent parents would not allow their children to go unaccompanied to places where it is unsafe.

37
Q

what did delvin J say on duty owed to children

A

‘…but he is entitled to assume that normally little children will be accompanied by a responsible person.. the responsibility for the safety of little children must rest primarily upon the parents’

38
Q

what was the facts of Jolley v London borough of Sutton 2000
(Boat)

A

a teenager was hurt while trying to fix up an old boat on council owned land. even though the council had warned people to stay away from the boat, they didn’t remove or make the area safe. the court said the council should’ve been more careful and made sure the area was safe for everyone

39
Q

what was the legal points of
Jolley v london borough of sutton 2000 (rotten boat)

A

house of lord held as the claimant’s appeal was allowed. the risk was that children would ‘meddle with boat at the risk of some physical injury’ the actual injury feel within that description

40
Q

what was the facts of
Liddle v yorkshire (north riding) CC 1944

A

a child was injure when he jumped off a soil bank while showing off to his friends.

41
Q

what was the legal points of
Liddle v yorkshire (north riding) CC 1944

A

the court held that, despite the obvious allurement, D was not liable since the occupier had warned the child away from the bank on numerous pervious occasions.

42
Q

what say in section 2 about tradespeople

A

an occupier can expect a tradesmen to guard against any particular danger arising out of the nature of work

43
Q

what were the facts of Roles v Nathan 1963

A

two chimney sweeps died after inhaling carbon monoxide fumes

44
Q

what was the legal points of Roles v Nathan 1963

A

occupier not liable as they could have expected chimney sweeps to be aware of the risk

45
Q

what’s the difference between a tradesperson and independent contractor

A

a tradesperson is hired to perform specific task under direction of occupier
whereas the independent contractor follow their own direction on how to complete the work.

46
Q

what’s an occupier’s liability for injury to an independent contractor may be reduced if

A

it was reasonable to provide the work the contractor
the occupier checked the contractor was qualified to do the work.
the occupier checked the work was done completely if it is in their skill set

47
Q

what happen in the case of Haseldine v daw & son Ltd 1941

A

a claimant was killed when a lift fell from the top to bottom of the shaft

48
Q

what was the decision of Haseldine v daw & son Ltd 1941

A

occupier not liable because the work on the lift was highly specialised, making it reasonable for the occupier to rely on contractors without addition checks

49
Q

what happen in the case of Bottomley v Todmorden cricket club 2003

A

a cricket club hired a stunt team for a firework display. the team used gunpowder, petrol, and propane instead of traditional fireworks and employed an untrained person as a stuntman. the claimant was seriously injured during a failed stunt.

50
Q

what was the decision of Bottomley v Todmorden cricket club 2003

A

the club was liable because the club should have verified the qualifications and safety measures of the stunt team

51
Q

what happen in the case of Woodward v the mayor of hastings 1945

A

a child slipped and was injured on icy school steps that had not been properly cleared after snowfall

52
Q

what was the decision of Woodward v the mayor of hastings 1945 (school)

A

school was liable because the school did not ensure that the contracted party had adequately cleared the steps, failing in their duty to provide a safe environment

53
Q

how much defence is a warning notice in court

A

it is a complete defence when used properly

54
Q

what section is warning notice and what does it say

A

section 4 ~’ it was enough in the circumstances to enable the visitor to be reasonably safe’

55
Q

what does a notice warning need to be

A

need to be accessible and clear, must be proportionate to the risk involved

56
Q

what happen in the case of Rae v Marrs Ltd 1990

A

this case concerned a deep pit in a dark shed

57
Q

what was the decision of Rae v Marrs Ltd 1990

A

a warning sign was not sufficient as it could not be seen

58
Q

what happen in the case of Staples v west dorset district council 1995

A

someone slipped on wet algae and fell off the harbour and there was no warning sign

59
Q

what was the decision Staples v west dorset district council 1995

A

the danger of wet algae on a high wall should have been obvious and no further warning was required

60
Q

what section is exclusion clauses and what does it say

A

under section 2(1) 1957~ enables an occupier to ‘restrict, modify or exclude his duty by agreement or otherwise’

61
Q

what was the possible expectation of an exclusion clauses

A

is a age of the visitor may affect this ability to defer blame

62
Q

what is consumer rights act

A

it was applied 2015 s.65 it state~ ‘ trader cannot buy.. a warning notice exclude or restrict liability for death or person injury resulting negligence’

63
Q

in what section is the 1984 act and what does it state

A

it is section 1(3) imposes a duty on occupiers to protect against injury trespasser caused by danger created by the state of a premises

64
Q

how do you become a trespasser

A

someone who has entered the premises without permission, when someone stays on the premises after their permission has been removed. or they enter a part of the premises where they aren’t allow in (stockroom)

65
Q

under what circumstances does an occupier owe a duty according to section 1(3)

A

1- they are aware of the danger or has reasonable grounds to believes it exists
2- they know or has reasonable grounds to believe that C is in the vicinity of the danger
3- the risk is one against which they may reasonably be expected to offer some protection

66
Q

what does section 1(4) state regarding the duty of care owed by an occupier to prevent injury to trespasser

A

it states that the duty of care is to “take such care as is reasonable in all the circumstances” to prevent injury to trespassers “by reason of the the danger concerned”

67
Q

the greater the risk of injury the more precautions the occupier will be expected to take. whats the factors that should be taken into account

A

~the type and condition of the premises
~the amount of danger
~ whether it is possible to taking precautions
~ age of know or suspected trespasser

law (12 decks)

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