Occupiers Liability Flashcards
Define ‘occupiers liability’
An occupiers duty to visitors or unlawful visitors
Define and identify the occupier
OLA 1957 doesn’t define an occupier yet WHEAT V E LACON makes it clear it’s who controls the premises
Define ‘premises’
A fixed or moveable structure
What are the two types of permission?
Express-specific invite
Implied-implied invite
What are the three types of implied permission?
1)Repeated visits
2)statutory powers of entry
3)the doctrine of allurment
Explain repeated visits and the relevant case to match
-continual visits but nothing is done about it
##Footnote
Lowery v walker
Explain statutory powers of entry
-authorised by statutory power to enter
Explain the doctoring of allurement and the relevant case to match
-A child won’t be a trespasser if there is something both attractive and dangerous to kids
Jolley v Sutton
What are the three ways to be a trespasser?
1) A person who enters the premises without an invite/presence unknown
2) If the presence is objected by the occupier in some actual practical fashion
3) A person who exceeds the limits of their permission
Define and apply duty of care to lawful visitors
S2(1) OLA 1957 states that all lawful visitors are automatically owed a duty of care.
What is the case for someone who exceeds the limits of their permission?
Geary v Wetherspoon
Define breach of duty in OLA 1957
S2(2) ‘to take such care as is reasonable in the circumstance so that the visitor will be reasonably safe for the proposed for which they have been invited for.’
What is breach of duty judged by in OLA 1957
Judged by the negligent standard of a ‘reasonable man’
May vary depending on the type of visitor
What are the 4 types of visitors under OLA 1957 and what is there standard of care
Skilled worker- low DOC
Adult- common DOC
Child- higher DOC
Very young child- expected to be supervised
What is the case for adult visitors?
Cunningham v reding AEC
What is the case for a child Visitor?
Glasgow corp v Taylor
What is the case for a very young child?
Phips v Rochester corp
What is the case for a skilled worker?
Roles v Nathan
What is stated under resulting damage in OLA 1957?
S1(3)(b)
Visitors can claim for personal injury and property damage
What are the defences for the defendant? Under OLA 1957
Warnings
Contributory negligence
Consent
What are the case studies for warnings and consent under defences in OLA 1957?
Warnings: woolins v British celanese
Consent: simms v Leigh rugby club
What are the three reason in which the occupier can avoid liability in the case of independent contractors (OLA 1957)
1) it was reasonable for the occupier to entrust the work to an independent contractor
2) the occupier must’ve taken reasonable steps in order to satisfy himself that the contractor was competent
3) the occupier must’ve taken reasonable steps to ensure the work had been properly done
What must a trespasser prove in order to claim
1) dangerous state of premises
2) s1(3) of OLA 1984
What does s1(3) of OLA 1984 state?
States that an occupier owes a duty in respect of danger on his premises if:
1) d is aware of danger or has reasonable grounds to believe it exists
2) d knows or has reasonable grounds that c is in the vicinity of danger
3) the risk is one which d may be expected to offer protection against
What is applied in breach of duty OLA 1984?
Risk factors:
Likelihood of harm
Seriousness of harm
Practicality of precautions
What standard of care is owed to trespassers?
S1(4) states that the duty owed is
‘to take such reasonable in all circumstances to see that the trespasser doesn’t suffer injury in the premises because of the danger’
What can a trespasser claim for in resulting damage?
S1(8) OLA 1984 states that a trespasser can only claim for personal injury or death, NOT property or possessions
What are the defences in OLA 1984 and the relevant case studies?
Warnings
Contributory negligence- froom v butcher
Consent- Radcliffe v McConnell
