Occupiers Liability Flashcards
What is an occupier
No statutory definition for who an occupier is, decisions for who an occupier is comes from case law, may be influenced by who’s insurance covers the premises. Wheat v Lacon 1966. Harris v Birkenhead corp 1976. Bailey v arms 1999.
What is a premises
There’s no full statutory definition for what counts as a premises, s 1 3 a does reference ‘any fixed or moveable structure including vehicle, vessel and aircraft’ . Houses, offices buildings and land are obviously all included.
What are the different types of adult visitors
Invitees - people who have been invited onto land with express permission to be there
Licensees - people with express or implied permission to be on land for a certain purpose or period of time. Lowery v walker
Those with contractual permission - eg those who bought an event ticket
Those with statutory permission - eg. Police officers
When can a visitor become a tresspasser
When they exceed their permissions on the land
What duty do occupiers owe adult visitors include act and section
Under s 2 2 of OLA 1957 adult visitors are owed a common duty of care which is ‘to take such care in all circumstances so that it is reasonably to see that the visitor will be reasonably safe in using the premises for the purpose that they’re permitted to be there’
What does Laverton v kiapasha takeaway 2002 set out
Visitors don’t have to be kept completely safe just reasonably safe
What did Dean and chapter of Rochester cathedral v Debell 2016 set out
Tripping slipping and falling are all everyday hazards and that an occupier does not have to protect against such, obligation is to ensure reasonable safety not complete safety; Visitor may still be reasonably safe even if there are visible minor defects which may carry a risk of injury
What does section 2 3 A set out
‘Occupiers should expect children to take less care than adults so therefore take make the premises reasonably safe for a child of that age’
How is the soc measured for children
Subjectively based on age
Explain allurements
Occupiers should take such care in guarding against any sort of allurements which could pose a risk to the child. Glasgow corporation v Taylor 1922.
What point was shown in Phipps v Rochester corporation
Courts are reluctant to find occupiers liable for injuries to small children as it thought that the parents should be taking care of them.
What did Jolley v ldn borough of Sutton set out
Case set where risk from allurement was not forseeable occupier will not be liable.
What doc is owed to workers
Common doc if they are repairing property or anything on it.
What does section 2 3 b of Ola 1957 set out and what case demonstrates this
‘Occupiers can expect workers will ‘appreciate and guard against any special risks ordinarily incident to their area of work as long as the occupier allows them to do so’.
Roles v Nathan 1963.
Law on workers and case
Occupiers owe common doc to workers
S 2 3 b Occupiers can expect workers to protect themselves against any risks ordinarily incident to their exercise of calling as long as the O allows them to do so
Roles v Nathan
