occupiers Liability Flashcards
occupiers liability act 1957
lawful visitors
occupiers liability act 1984
tresspassers
wheat v E Lacon
there can be more than one occupier on a premises
Bailey v arms
there can be no occupier of the premises
S1(3)(a) 1957 act definition of premises
a fixed or movable structure, including any vessel, vehicle and air craft. includes ladders and lifts
lawful visitor
-a person with express or implied permission to be there
the calgarth
“a person who is invited to use the staircase is nit permitted to slide down the bannister”
-if a lawful visitor exceeds their permission they become a tresspasser
duty owed under 1957 act
such care that it is reasonable to see that the visitor will be reasonably safe in using the premises in the purpose which they are invited to
laverton v takeaway
care need to be reasonable not complete
glasgow v taylor
example case of duty owed against children
phipps v Rochester
really young children should be supervised
roles v nathan
a worker will guard against any special risk so long as the occupier allows him to do so
Hazeldine v Daw
it was reasonable for the occupier to give the work to an independent contractor
bottomley v cricket club
contractor is competent to carry out task
woodward v mayor of hastings
occupier checks work is properly done to the best of their abilities
