Occupiers Liability Flashcards
Which case shows that there can be more than one occupier?
Wheat v E Lacon and Co Ltd.
Which statute sets out the law for lawful visitors?
The Occupiers Liability Act 1957
Where is premises defined and what is the definition?
In s1(3)(a) of The Occupiers Liability Act as a fixed or moveable structure including a vessel, vehicle and aircraft
What are the types of lawful visitors?
1) Invitees
2) Licensees
3) Contractual permission
4) Statutory right of entry
Which statute rules that a visitor is owed a common duty of care to ensure that they are reasonably safe?
S2(2) of the Occupiers Liability Act 1957
In which case did the claim fail because the occupier had made their premises reasonably safe?
Laverton v Kiapasha Takeaway Supreme
Which statute shows that a higher duty of care is owed towards children?
s2(3) of the Occupiers Liability Act 1957
Which case shows than an occupier should guard against allurements for children?
Glasgow Corporation v Taylor
Which case shows that courts are reluctant to find occupiers liable when children are injured as they should have been under parental supervision?
Phipps v Rochester Corporation
Which statute shows that an occupier will not be liable where tradesman are injured from a risk that they ought to know about?
s2(3)(b) of the Occupiers Liability Act 1957
Which case shows that an occupier will not be liable where tradesman are injured from a risk that they ought to know about?
Roles v Nathan
How can an occupier avoid liability if someone is injured as a result of a tradesperson’s negligent work?
1) if it was reasonable to give the work to a specialist
2) if the contractor was competent to carry out the task
3) if the occupier has checked that the work was properly done
In which case was it reasonable to give the work to an independent contractor?
Haseldine v Daw and Son Ltd
In which case was a contractor not competent to carry out the task assigned?
Bottomley v Todmorden Cricket Club
Which statute is used for unlawful visitors?
Occupiers Liability Act 1984
What is a trespasser?
Anyone who does not have permission to be on the land or has exceeded their permission to be on the premises
In which case did the claim fail because the injury was the result of the claimant’s stupidity and not the state of the premises?
Ratcliff v McConnell
Which case shows that an occupier does not have to offer protection against unknown risks?
Rhind v Astbury Waterpark
Which case shows that an occupier does not have to offer protection against an obvious risk?
Donoghue v Folkestone Properties
Which case shows that the occupier must know that others are in the vicinity?
Higgs v Foster
Which case shows that child trespassers are treated the same as adult trespassers?
Baldaccino v West Wittering
