Occupiers Liability Flashcards
What is the definition for lawful visitors in occupiers liability?
Occupiers Liability Act 1957 s2(1)- the occupier of premises owes a “common duty of care” to visitors.
These 4 terms must be defined.
What is the definition for an occupier?
Lord Denning- Sufficient control test
“A person who has some degree of control over the premises in question”
What is the definition of a visitor?
Anyone who is invited or permitted to be in the defendants land (expressed or implied permission)
What is the definition for premises?
S1(3)(a)- premises is “any fixed or moveable structure including any vessel, vehicle and aircraft”
What is the definition for “common duty of care”?
S2(2)- says an occupier has a “duty to take reasonable care to make sure the visitor is safe when using their premises for the purpose of their visit”
What is the side rule for “common duty of care”?
Darby v National Trust- Claimants own actions are reason for injury, not state of premises.
What is stage two of lawful visitors occupiers liability?
The Occupier must act reasonably, have they done what a reasonable person would do?
What are the side rules on children for stage two?”
Nature of visitor:
S2(3)(a)- Children, an occupier must be prepared for children to be less cautious.
Glasgow Corporation v Taylor- an occupier must be aware of any allurements.
Phipps- very young children should be supervised.
What is the side rule on experts for stage two?
S2(3)(b)- experts injure themselves, was the risk “in the exercise of their calling?”
Roles v Nathan- An occupier may expect an expert to “appreciate the guard and risks” that are typical within their profession.
What is the side rule for independent contractors?
2 conditions must be met under s2(4)(b)-
Was it reasonable for the occupier to have entrusted the work to the contractor?
Occupier must have taken reasonable steps to make sure the work is properly done.
Haseldine v Daw- technical work, it’s less reasonable to impose the task of taking reasonable steps on the occupier.
What is the final side rule for lawful visitors for stage two?
Consent- if the C consents to a risk then the occupier will not be liable.
What are the defences for lawful visitors for occupiers liability?
Warning signs- Any warnings must be sufficient to keep the visitor reasonably safe for the purpose of their visit.
Cotton v Derbyshire council- no warnings for obvious dangers are needed.
What is the definition for trespassers under occupier’s liability?
Occupiers Liability Act 1957- the only duty owed to trespassers was “not to injure them deliberately or set traps for them”
British Railway Board v Herrington- occupiers owe a common duty of humanity to trespassers.
What is stage one of trespassers under occupiers liability?
Section 1(1) Occupiers Liability Act 1984- a duty is owed if there is a danger due to the state of the premises.
What is the second part of stage one of trespassers under occupiers liability?
Section 1(3) Occupiers Liability Act 1984- an occupier owes a duty to trespassers if:
a) he is aware of the danger or has reasonable grounds to believe it exists.
b) he knows that someone is in the vicinity of the danger
c) the risk is one where he would be expected to offer some protection.
