Occupiers Liability Flashcards
Different acts
1957 visitors to land
1984 trespassers to land
Stage 1 both
Who is an occupier
(Wheat v lacon) possession
(Bailey v armes) control
Stage 2 both
What is a premises
S.1(3)(a) OA 1957
Fixed or miserable structure including any vessel vehicle and aircraft
Can include ladders buildings houses ships lifts
Stage 3 1957
Visitor
S.2 owe a common duty to all visitors can modify duty with agreement and such
Reasonably safe
Who is a visitor
.invitees
.licenses (permission for purpose)
.contractual permission
.statutory right of entry
Stage 3 1957
Duty and miscellaneous
(Laverton v kiapasha takeaway supreme) reasonable care (Dean and charter of Rochester cathedral v debell)
Turn from visitor to trespasser if they exceed permission and enter unauthorised area
(Cole v davis) no accidents or duty last indefinitely
Stage 4 1957
Children
Must be prepared that children will be less careful than adults s.2(3)
Alured to danger (Glasgow cooperation v Taylor)
Can assume young children will be supervised (simkiss v rhonda)
Children alluded can be considered licences steps should be taken to keep them out (Cooke v midland)
Danger or injury must be foreseeable (jolly v sutton)
Stage 5 1957
Proffesional visitors
Lower duty of care (roles v nathan)
Stage 6 1957
Independent contractors s.2(4)
1. Reasonable for work to be given (haseldine v daw)
2.must be competnant (bottomless v toddmorten)
3. Must check work (Woodward v mayor of hastings)
Defences 1957
Con neg
Volenti
Warning notices s.2(4) ineffective unless in all circumstances enough to enable the visitor to be kept reasonably safe
.(rae v mars) need be enough
.(staples v west dorset) no need to if obvious
Exclusion clauses
S.2(1) can restrict modify or exclude his duty by agreement or otherwise
Weather works on child depends on age
Consumer rights act s.65 liability cannot be excluded or restricted for death or personal injury from negligence
Remedies avaikable
1984 background
Before act common law said trespasser owed no duty (addie v dumbrek) changed bcs kids are stupid
(British railways board v herrington)
1984
Only available for personal injury
Aware danger or has reasonable grounds to
Knows or believe trespassers there
Risk is one that some protection should be offered against
Standard of care varies
.nature of premises
. Degree of danger
.how practical precautions
.age trespasser
1984 adult tresspassers
Obvious danger no liable (Ratcliffe v McConnell)
Time of day (donoghue v folkstone)
Don’t have to spend a lot of money (tomlinson v Congleton)
No reason to think trespasser no liable (higgs v foster)
Not aware danger no reason to (rhine v Astbury water park)
Child trespassers 1984
Pretty much same as adults
(Koewn v Coventry healthcare) not building danger action dmager no liable
(Baldaccino v west wittering) obvious dangers
