occupiers liability Flashcards
occupier
person in charge of the property
visitor
someone who has permission to enter a premmises
reasonable
what the average person would do
duty of care
responsibility legally owned to another person.
Liability
reasonable by law
Background
Occupiers of premies owes a duty to keep visitor safe whilst his her are on their premises.
-this area off tort law
statutes of when someones breaks thereduty of care to theirc
under Secton 1(2) of the Occupiers liability act 1957
section 1(2) of theocupiers liability act
It’s states the common law rules apply
- who can be considered on occupier -:so,women who has some degree of control over premises.
This means that the occupier need not necessarily be the owner of the land or premesies but may instead be a tenant or an independent contractor employed to carry out work. It allows for more than one occupier at the same time
Wheat v E lacon and Co 1966
Legal principle - the occupier is the person in control of the property
Can be more than 1 occupier
Harris v Birkenhead Corporation 1976
Legal principle - occupier is the person in control of the premesies
In the court room
Decision of who is in control of the premesies may be influenced by whose insurance policy covers premises may be influenced by whose insurance policy covers the premesies and is able to meet the claim.
Bailey v armes
D loved in a flat above roof. Allowed their son to play on roof but told him to not tak anyone else he took his friend and he was injured when he fell of the roof. Courts sed neither supermarket or defendant were liable
Legal principle - there is no claim if co trol cannot be established
Wheat v E Lacon and co 4 categories of occupier
- if landlord lets premises than the tenant will be the occupier
- if a landlord who lets part of the building retains certain areas like entry halls then the landlord is an occupier in respect of theese areas
- if an owner licenses (allows) a person to use remedies but reserves the right of entry than the owner remains the occupier
- if contractors are employed to carry out work, owner will generally remain the occupier however can be circumstances where contractor could be occupier.
Premises
Occupiers of premises owe a duty
There is no definition of ‘premesies’ although under section 1(3) of the occupiers act it states that the term includes not only land and buildings but also fixed land and vehicles and aircraft
- not as simple as saying premises is just a house
Occupiers Liability Act 1957 - visitors
Related to those who are lawful visitors and who have been granted permission to enter
Sets out duty of care owed to visitors
Person will be classed as a visitor if they have permission to enter. Permission may be express or implied.
Expressed permission
Actively gained permission to be in a place. For example if he or she has been asked.
Persmission can be withdrawn. Person must be given a reasonable amount of time to leave the premises before they become a trespasser
- expressed permission can be withdrawn
Implied permission
Sometimes a prison may not have express permission to be in a place but still classed as a visitor if the courts decide that he or she had implied permission to be there.
Permission can be implied in a number of situations. Police, fire brigrafe, those who need to gain access to read gas, electricity and water meters. Sales people are all taken to have permission and are classed as visitors. In addition court may also imply permission in certain circumstances depending on the facts of the case.
Lowery v walker
Villagers I. Habit of taking short cuts across a field to reach a railway station.
Without a warning placed a horse in the field and it attacked the d
Court argued the villagers were lawful and owed a duty by the d. D new about short cut and dint do anything
Section 2(2) of the occupiers liability act Defined the common duty of care as
Visitor will be reasonably safe in usuing the remedies for the purpose for which he is invited or permitted by occupier to be there.
The 19957 act states that this duty applies only while visitors are using the premesues for the purpose for which they are invited or permitted to be there.
Scrutton LJ summed this up in the case The Calgarth 1927
When you invite a person into your house to use the stairs you do not invite him to slide down the banisters
Means that if the visitor does something they are not invited to do the occupier owes no duty towards him or her under the 1957 act.
Laverton v Kiapasha Takeaway supreme
D owed a small takeaway. Fitted slip resistant tiles used a mob and bucket to mop the floor if it rained. When claimant visited shop it was very busy and it had rained. She slipped and broke her ankle.
COA decided that shop had taken reasonable care to ensure customers were safe. Not liable as they did not have to make shop completely safe.
Legal principle - no claim of reasonable care has been taken
Dean and chapter of Rochester Cathedral V Debell 2016
Claimant was injured when he tripped and fell over a small lump of concrete.
The court of appeal held
-tripping, slipping and falling are everyday occurrences’. occupier as big as a cathedral could not possibly ensure all the surroundings were safe. Obligation is on occupier to make the grounds reasonably safe not guaranteed safe.
- risk is reasonably foreseeable only when there is a real source of danger which is reasonably foreseeable only when there is a real source of danger which is reasonable person would recognise as obliging the occupier to make remedial action.
legal principle - occupier has to make the preemies reasonably safe, not guaranteed safety.
cole v David-Gilbert,the royal British Legion and others (2007)
claimant was injured when she trapped her foot in a hole, where a maypole was in the past. British Legion had failed to properly fill the hole she won first but court of appeal held that since her injury took place nearly 2 years after maypole had been in place- hole must of been opened up again by a stranger
. legal principle- the duty does not cover any accidents
duty to children
the 1957 act gives guidelines as how the duty of care operates in certain situations or towards CERTAIN CATEGORIES OF PEOPLE
