Occupiers liability Flashcards
Definition
Liability created due to damage incurred as a result of the state of premises.
What are the two statutes
OLA 1957 and 1984
What is the difference between the two statues
OLA 1984 includes trespassers
Occupier
Not defined in statue, means someone in control of the premises.
Wheat
More than one occupier
Harris
Don’t have to physically be in the property.
Premises
No definition, very broad
Includes any fixed or moveable structure.
Lawful visitor
Once a visitor exceeds permission can not use 1984.
OLA 1957 duty of care
occupier owes a duty of care to lawful visitors.
OLA 1957 Reasonably safe
Occupier has to do what is reasonable to keep a lawful visitor safe, dosen’t have to be completley safe.
Reasonably safe case
Debell
Warning signs
Occupier can prevent breach if warning does enough in the circumstances
Rae
Where danger is extreme or unusual, not enough for there to be a warning may need barrier or additional notice.
Glasgow
berries amounted to allurement to young children.
Phipps
Expected that parents wouldn’t allow children to go places which were unsafe.
Jolley
Occupier has a role to keep others safe and the danger was forseeable.
Duty towards tradesmen 1
Occupiers not liable when workers do not guard risks they should or are expected to know about.
Duty towards tradesmen 1 case
Roles
Duty towards tradesmen 2
It was reasonable to give the work to a specialist
Duty towards tradesmen 2 case
Hazeldine
Duty towards tradesmen 3
Contractor hired competent to carry out the task.
Duty towards tradesmen 3 case
Bottomley
Duty towards tradesmen 4
The occupier checks the work has been properly done.
Duty towards tradesmen 4 case
Woodward
what defences can be used for OLA 1957
Volenti
Contributory negligence
Warning signs
OLA 1984 point of law
introduced idea that a duty is owed to trespasser
What was the Adies’s case point of law?
Held that social and physical conditions changed now occupiers should owe a duty of care
What needs to be proved OLA 1984
Occupier aware of danger
Occupier knows danger exists
Occupier may be expected to offer protection
Standard of care expected OLA 1984
If they are aware of the danger, occupier owes a duty of care
British rail board
duty of care existed between railway line and trespasser
Restrictions
Occupier will not be liable if injured by obvious danger
Courts will take into consideration time of day and year
Occupier does not have to spend lots of money making premises safe
Occupier not liable if hes not aware of danger
Occupier will not be liable if injured by obvious danger case
Ratcliff
Courts will take into consideration time of day and year case
Donoghue
Occupier does not have to spend lots of money making premises safe
Tomlinson
Occupier not liable if hes not aware of danger
Rhind
Whats the duty owed to child trespassers
same rules and judges approach apply to child visitors as adult visitors
duty owed to child trespassers case
Keown
