Occupiers Liability Flashcards
What act defines what an occupant is?
S.1 (2) occupiers liability act 1957
Which case shows that more than one person can be an occupier
Wheat - man in pub stairs
What act defines what a premises is?
S.1 (3) occupiers liability act 1957
What case outlines how a visitor can become a trespasser?
Carlgarth - ‘you invite a person into your house to use the staircase, you do not invite them to slide down the banisters’
What act states that all visitors are owed the same duty?
S.2 occupiers liability act 1957
Which cases apply to adult visitors?
Laverton - takeaway shop not liable
Dean and Chapter - lump of concrete outside cathedral not liable
Which act applies to child visitors?
S.2 (3) (a) occupiers liability act 1957
Which child visitor cases found the defendant liable?
Moloney - gap in railings
Glasgow corporation - poisonous berries
Jolley - boat - expect the unexpected
Which child visitor case found the defendant not liable?
Phipps - parents need to look after young children
Which act applies to trades people?
S.2 (3) (b) occupiers liability act 1957
Which case applies to trades people?
Roles - professional visitors should have e greater awareness of risks
Not liable
Which act applies to independent contractors?
S.2 (4) (b) occupiers liability act 1957 - reasonable to entrust contractor, contractor was competent, if possible, work was tested.
Which case applies to whether it was reasonable to entrust a contractor?
Haseldine - lift plunged - contractor liable
Which case applies to whether to contractor was competent?
Bottomley - stunt team
Cricket club was liable
Which case applies to checking the contractors work?
Woodward - council was liable
Which cases were overruled by OLA 1984?
Clayton - occupier may use reasonable deterrents to keep trespassers out
Addie - child trespasser, occupier not liable
Which case prompted the OLA 1984?
BRB - 6 yr old burnt on rail way
What are the three things that must be present for a trespasser to be owed a limited duty under s.1(3) OLA 1984
Occupier knows of danger
Occupier knows of trespasser or of likelihood
It is reasonable for occupier to offer protection from danger
What did Tomlinson state?
‘Should not ordinarily be able to force duties upon unwilling hosts’ - in the case of a trespasser, the assumption is that there is not duty to start with
What act says that the occupier must take reasonable care to see that trespasser is not injured by reason of danger?
S.1 (4) OLA 1984
What act discusses the reason for danger?
S.1 (1) (a) OLA 1984
Which case found the occupier not liable due to the way the claimant (trespasser) was using the premises?
Keown - climbing fire escape of NHS
Which case links to S.1 (3)(a) OLA 1984?
Rhind - container under lake
Occupier is aware of danger
Which cases link to S.1 (3)(b) OLA 1984?
Higgs - police down hole
Donoghue - jumped in harbour at night
Occupier had reasonable grounds to believe there was a trespasser
What cases link to S.1(3) (c) OLA 1984?
Ratcliff - jumped in pool
Tomlinson - dived in lake
Expect occupier to offer some protection from danger
What does s.2 (4) OLA 1957 state (defences)
A warning is ineffective unless in the circumstances it was enough to enable the visitor to be reasonably safe
In which case were signs insufficient?
Rae- deep pit in dark shed
Which case says no warning is necessary if danger is obvious?
Staples - algae on seaside wall
Which defences case found sufficient warning?
Westwood - post office worker entered room he was not authorised
