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
what’s the facts of Cole v Davis-gilbert the British legion 2007
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
what the legal points (decision) of Cole v davis-gilbert, the British legion 2007
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.
when does a lawful visitor become a trespasser
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
what is owed to the other visitors- children
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
what is state that occupiers of children visitors must do
‘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’
what should the occupier do when there is a child visitors
guard against any allure not that puts the child at risk of harm as it is a subjective basis
what was the facts of Taylor v Glasgow corporation 1923
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
what the legal points of Taylor v Glasgow corporation 1923
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
prudent
what was the facts of Phipps v rochester corporation 1955
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.
what was the legal points of Phipps v rochester corporation 1955
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.
what did delvin J say on duty owed to children
‘…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’
what was the facts of Jolley v London borough of Sutton 2000
(Boat)
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
what was the legal points of
Jolley v london borough of sutton 2000 (rotten boat)
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
what was the facts of
Liddle v yorkshire (north riding) CC 1944
a child was injure when he jumped off a soil bank while showing off to his friends.
what was the legal points of
Liddle v yorkshire (north riding) CC 1944
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.
what say in section 2 about tradespeople
an occupier can expect a tradesmen to guard against any particular danger arising out of the nature of work
what were the facts of Roles v Nathan 1963
two chimney sweeps died after inhaling carbon monoxide fumes
what was the legal points of Roles v Nathan 1963
occupier not liable as they could have expected chimney sweeps to be aware of the risk
what’s the difference between a tradesperson and independent contractor
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.
what’s an occupier’s liability for injury to an independent contractor may be reduced if
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
what happen in the case of Haseldine v daw & son Ltd 1941
a claimant was killed when a lift fell from the top to bottom of the shaft
what was the decision of Haseldine v daw & son Ltd 1941
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
what happen in the case of Bottomley v Todmorden cricket club 2003
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.
what was the decision of Bottomley v Todmorden cricket club 2003
the club was liable because the club should have verified the qualifications and safety measures of the stunt team
what happen in the case of Woodward v the mayor of hastings 1945
a child slipped and was injured on icy school steps that had not been properly cleared after snowfall
what was the decision of Woodward v the mayor of hastings 1945 (school)
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
how much defence is a warning notice in court
it is a complete defence when used properly
what section is warning notice and what does it say
section 4 ~’ it was enough in the circumstances to enable the visitor to be reasonably safe’
what does a notice warning need to be
need to be accessible and clear, must be proportionate to the risk involved
what happen in the case of Rae v Marrs Ltd 1990
this case concerned a deep pit in a dark shed
what was the decision of Rae v Marrs Ltd 1990
a warning sign was not sufficient as it could not be seen
what happen in the case of Staples v west dorset district council 1995
someone slipped on wet algae and fell off the harbour and there was no warning sign
what was the decision Staples v west dorset district council 1995
the danger of wet algae on a high wall should have been obvious and no further warning was required
what section is exclusion clauses and what does it say
under section 2(1) 1957~ enables an occupier to ‘restrict, modify or exclude his duty by agreement or otherwise’
what was the possible expectation of an exclusion clauses
is a age of the visitor may affect this ability to defer blame
what is consumer rights act
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’
in what section is the 1984 act and what does it state
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
how do you become a trespasser
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)
under what circumstances does an occupier owe a duty according to section 1(3)
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
what does section 1(4) state regarding the duty of care owed by an occupier to prevent injury to trespasser
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”
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
~the type and condition of the premises
~the amount of danger
~ whether it is possible to taking precautions
~ age of know or suspected trespasser
