occupiers liability Flashcards
what are the two occupiers liability statutes
occupiers liability act 1957
occupiers liability act 1984
what ola protects lawful visitors
ola 1957
what ola protects unlawful visitors
ola 1984
what is an occupier
the person in control, may not be an owner
what statute states common law applies when establishing occupiers
ola 1957
what case shows an occupier doesn’t have to be an owner
wheat v e.lacon and co
what is the definition of premises
not only land or buildings included but also ‘fixed and moveable structures’
how does a person become a lawful visitor
if they are:
invited
have a licence
have a contractural duty
have a statutory duty
what does permission have to be
express or implied
what case shows permission may be implied
lowery v walker
what is the duty owed to adults for ola 1957
the visitor must be reasonably safe in using the premise for the intended purpose
what case shows occupiers are not liable for daily occurrences
laverton v kiapasha takeaway supreme
what is the standard of care occupiers owe to children
must be prepared for children to be left careful than adults
what case shows occupiers must be prepared for children to be less careful
glasgow corporation v taylor
what is the standard of care occupiers owe to workers
may expect a person will appreciate and guard against any special risks
what case shows the trade can be expected to take measures to avoid associated risks
roles v nathan
what are the three requirements in order to pass a claim to a contractor
- reasonable steps have been taken to
- contractor must be competent
- work done must be checked by a conveyer
what case shows the occupier must take reasonable steps when hiring a contractor
haseldine v daw and son ltd
what case shows the contractor must be competent in order to pass the claim
bottomley v todmorden cricket club
what case shows a contractors work must have been checked by a hired conveyor to pass the claim
woodward v mayor of hastings
what is a trespasser
someone who has no permission to be on the premises or has gone beyond permissions given
what case showed going beyond permissions can be considered trespassing
tomlinson v congleton borough council
what can people claim for under ola 1984
injury
what can people claim for under ola 1957
injury and property damage
what case shows occupiers owe common humanity to trespassers
british railway board v herrington
when is a duty owed
if owner is aware of the danger or has grounds to believe it exists
owner has reasonable grounds to believe the other may be in the vicinity of danger
the risk is one against which the owner is expected to protect against
what case shows when a duty is owed
swain v natui rumi puri
what is a danger
the object or part of land where he trespasser is injured
what is the standard of care for dangers
the greater the risk the more precautions
when is it not a breach of duty owed to trespassers
due to action not premise
if the danger is obvious
if not aware of danger
if no reason to suspect trespasser
what case shows when injury is due to the actions it is not a breach of duty
tomlinson v congleton borough council
what case shows when danger is obvious it is not a breach of duty
ratcliff v mcconnell
what case shows when occupier isn’t aware of the danger it is not a breach of duty
rhind v astbury water park
what case shows when there is no reason to suspect a trespasser it is not a breach of duty
higgs v foster
what does the law state about a duty of care owed to trespassers
where warnings are displayed, it depends on the understanding of the child
what case shows if the child understands the warning but acts anyway, it is not a breach of duty
baldaccino v west wittering
baldacinno v west wittering
if the child understands the warning but acts anyway, it is not a breach of duty
what do warnings do
discharges duty
