Occupiers Liability Flashcards
Occupiers’ Liability
What is occupiers’ liability?
The idea that occupiers owe a duty to people who come onto their premises, different duty is owed according to whether the Claimant is a lawful visitor or a trespasser
Occupiers’ Liability
Does the Occupiers’ Liability Act 1957 apply to lawful visitors or trespassers?
Lawful visitors
Occupiers’ Liability
Does the Occupiers’ Liability Act 1984 apply to lawful visitors or trespassers?
Trespassers
Occupiers’ Liability
What act applies to lawful visitors?
The Occupiers’ Liability Act 1957
Occupiers’ Liability
What act applies to trespassers?
The Occupiers’ Liability Act 1984
Occupiers’ Liability
What/Who is an occupier?
the person who has control over the premises - they do not have to be the owner
Occupiers’ Liability
What key case explains that the occupier only has to have control over the premises?
Wheat v Lacon 1966
Occupiers’ Liability
What is the key idea of the Wheat v Lacon 1966 case?
That the manager of the pub was the occupier because he had primary control over the premises, even though he was not the owner.
Occupiers’ Liability
What happened in the casse of Bailey v Armes 1999?
the defendants lived in an apartment above a supermarket. Their son and his friend would play on the flat roof of the supermarket, the friend fell off and injured himself. The defendant did not have sufficient control over the condition of the roof to be deemed occupiers and were therefore not liable.
Occupiers’ Liability
In what case did the defendants not have enough control over the roof to be liable?
Bailey v Armes 1999
Occupiers’ Liability
What case shows that the occupier does not have to physically occupy the premises?
Harris v Birkenhead 1976
Occupiers’ Liability
What happened in the case of Harris v Birkenhead 1976?
The local council was held liable for a derelict building, even though they had never physically occupied (entered) it?
Occupiers’ Liability
In what section is ‘premises’ defined and what is it defined as?
s.1(2) - includes land, buildings, houses, as well as vehicles or moveable structures (like lifts and ladders)
Occupiers’ Liability
What is a lawful visitor?
someone with implied or expressed permission to enter the premises, and those with a contractual or legal right to enter
Occupiers’ Liability
Which act applies to lawful visitors?
The Occupiers’ Liability Act 1957
Occupiers’ Liability
What is a trespasser?
a person who has no permission or authority to be on the occupiers’ premises, a lawful visitor can become a trespasser by exceeding the permission granted to them.
Occupiers’ Liability
Which act applies to trespassers?
The Occupiers’ Liability Act 1984
Occupiers’ Liability
True or false
A lawful visitor can become a trespasser
True - by exceeding the permission granted to them
Occupiers’ Liability
Which key case shows that the duty of care only covers ‘danger due to the state of the premises’?
Geary v Whetherspoon 2011
Occupiers’ Liability
What happened in the case of Geary v Wetherspoon 2011?
the Claimant attempted to slide down the banister of a staircase, falling and sustaining a spinal fracture, her injuries were not caused due to unsafe premises just her decision to slide, therefore there was no liability owed.
Occupiers’ Liability
In what case does a claimant slide down a bannister injuring herself, with no liabilty from the premises becasue her injuries were not caused due to the state of the premises?
Geary v Wetherspoon 2011
Occupier’s Liability - Lawful Visitors (1957 Act)
What is the common duty of care owed to all lawful visitors, and in what section of the act is this defined?
s.2(2) - to take reasonable care to keep the visitor reasonably safe for the purpose of their visit
Occupier’s Liability - Lawful Visitors (1957 Act)
In what section is it defined that occupiers’ must take reasonable care to keep their visitors reasonably safe for the purpose of their visit?
s.2(2)
Occupier’s Liability - Lawful Visitors (1957 Act)
What key case shows that occupiers’ only have to keep their visitors reasonably safe, not completely?
Laverton v Kiapasha Takeaway 2002
Occupier’s Liability - Lawful Visitors (1957 Act)
What happens in the case of Laverton v Kiapasha Takeaway 2002?
A customer slipped on a rainy day, breaking her ankle, however the owners regularly mopped and had slip resistant tiles fitted - the court decided that D’s had taken reasonable care to ensure safety, and they were not held liable.
What is the special duty owed towards children and what section is this specified in?
S.2(3)(a) - provides that an occupier must be prepared for children to be less careful than adults, meaning a higher standard of care is owed
What is a key case to support S.2(3)(A) of the occupiers’ liability act 1957? (child visitors)
Jolley v Sutton LBC 2000
What happened in the case of Jolley v Sutton LBC 2000?
A 14yr old boy and his friend found an abandoned boat on their council estate and decided to repair it, while working on it the boat fell on him leaving him paralysed. The Court found that the council had breached their duty of care by failing to move the boat and found them liable
In which case did a 14 year old get paralysed while repairing an old boat he found on his council estate, leaving the council liable?
Jolley v Sutton LBC 2000
What key case shows that professionals should know the risks of their work and therefore lowers their standard of care?
Roles v Nathan 1963
In which case do two chimney sweeps die from inhaling poisonous fumes, leaving the occupier not liable as they knew the risks from their job?
Roles v Nathan 1963
