occupiers liability Flashcards
wheat v lacon
can be more than one occupier on the premises
bailey v armes
there can be no occupier, only liable if they have control over the premises
what classes as premises?
S1(3)(a) - a fixed moveable structure, including any vessel, vehicle or aircraft.
A lift or ladder have been held to be premises
the calgarth
a person who is invited to use the staircase is not permitted to slide down the bannister
what is the duty owed to a lawful history 1957 act
take such care that is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose of which they were invited
laverton v takeaway
care need to be reasonable and not complete
phipps v rochester
the occupier must be prepared for the a child to be less careful than adults, must be prepared for children
glasgow v taylor
example of case for childen
roles v nathan
a worker will guard against any special risks so long as the occupier allows him to do so
what must an independent contractor do?
an occupier may be able to avoid liability for the work done by an individual contractor
hazeldine v dawes
it was reasonable for the occupier to give work to the independent contractor
bottomley v cricket club
the contractor must be competent to carry out the task
woodward v mayor of hastings
the occupier must check that the work has been properly done.
what did the the occupiers liability act 1984 establish as a trespasser
1) a person who has no permission to be there
2) a lawful visitor who has gone beyond their permission
