occupiers liability Flashcards
what is the general definition of occupiers liability?
it is the legal responsibility of an occupier for damage caused by the state of the premises
what are the 2 acts in occupiers liability and who do they apply to?
-Occupiers Liability Act 1957- lawful visitors
-Occupiers Liability Act 1984- unlawful visitors
what are the 2 common elements that apply to both statutes?
-who counts as an occupier
-what counts as a premises
what is the case that shows what an occupier is?
Wheat v Lacon
what does Wheat v Lacon say an occupier is?
-more than 1 person can be an occupier
-an occupier is anyone with enough control over a premises
what is the section that defines premises?
s1(3)(a) OLA 1957
what does s1(3)(a) OLA 1957 say a premises is?
land and buildings, as well as a fixed or moveable structure, including any vessel, vehicle or aircraft
who is a lawful visitor seen under OLA 57?
-invitees
-licensees (express or implied permission to be on the premises for a specific purpose/time)
-anyone with contractual permission
-anyone with a statutory right of entry
what must happen for a lawful visitor to become a trespasser?
they must exceed the permission for being on the premises
what section shows when a common duty of care must be given?
s2(1) OLA 57
what does s2(1) OLA 57 say about duty of care?
an occupier of premises owes the same duty to all his visitors
what section shows what a common duty of care is?
s2(2) OLA 57
what does s2(2) OLA 57 define duty of care as?
occupiers have a duty towards visitors to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited/permitted to be there for
what cases show when the occupier has taken a reasonable amount of care?
Laverton v Kiapasha Takeaway Supreme, Dean and Chapter of Rochester Catherdral v Debell (does not have to guarantee safety)
what are the 2 types of people that are owed a different duty than the rest?
-children
-tradespeople
what does s2(3)(a) say about children being owed a different type of care?
an occupier must be prepared for children to be less careful than adults - the premises must be reasonably safe for a child of that age
what case shows children being owed a different type of care?
Glasgow Corporation v Taylor
what does s2(3)(b) say about tradespeople?
a person carrying out a trade should appreciate and guard against any special risks ordinarily incident to it
what case talks about tradespeople being owed more care?
Roles v Nathan
what is the general defence to occupiers liability?
volenti and contributory negligence
what are the 3 specific defences to occupiers?
-exclusion clauses
-warmings
-work by independent contractors
what is the section for exclusion clauses? what does it say?
-s2(1) OLA 57
-d can try to exclude his liability by putting up a sign
-s65 CRA 2015 says cannot exclude death
what is the section for warnings? what does it say?
-s2(4)(a) OLA 57
-d will not be liable when they have given a warning that in all circumstances, would enable the visitor to be reasonably safe
-Rae v Marrs
what is the section for independent contractors? what does it say?
-s2(4)(b) OLA 57
-the occupier is not liable if;
.it was reasonable for the occupier to give the work to an independent contractor - Haseldine v Daw
.the occupier took reasonable precautions to ensure the contractor hired is competent to carry out the task - Bottomley v Todmorden Cricket Club
.the occupier must take reasonable steps to check the work has been done properly - Woodward v The Mayor of Hastings
what remedies can be given?
damages for both personal injury and property damage
what section of the 84 act defines what a trespasser is?
s1(1)(a)
what does s1(1)(a) OLA 84 defines trespassers as?
anyone who does not have permission to be there
what section shows what duty is needed?
s1(3) OLA 84
what does s1(3) OLA 84 say about when duty is owed?
the occupier owes a duty if;
-(a) he is aware of the danger or has reasonable grounds to believe it exists
-(b) he knows or has reasonable grounds to believe that the other is in the vicinity of the danger or that he may come in to the vicinity of danger
-(c) the risk is one against which he may be expected to offer the other some protection
what happens if the the trespasser was unaware of the danger? what case shows this?
-d would not be liable as it does not pass s1(3)(a)
-Rhind v Astbury Water Park
what would happen if the d did not know the c was in the vicinity? what case shows this?
-would fail s1(3)(b) and d would not be found liable
-Higgs v Foster
what happens if c is injured by an obvious danger? what case shows this?
-would fail s1(3)(c) as d would not be liable as d should not have had to warn them
-Tomlinson v Congleton BC
what section shows what duty should be owed?
s1(4)
what does s1(4) say about what duty should be owed?
to take such care as is reasonable in the circumstances to see that c is not injured by reason of the danger
are children given more care in 0LA 84? what case talks about this?
-no!
-Keown v Coventry Healthcare NHS Trust
what section is the warning defence seen in? what case shows this?
-s1(5) OLA 84
-Westwood v Post Office
what remedies can be given?
damages, but only for personal injury
