Occupiers Liability 1957 Flashcards
What is this act for
The liability of lawful visitors
Under which act
Occupiers Liability Act 1957
Define occupier (1/7)
(Wheat v Larcon)
No statutory definition
“Must have sufficient control over the premises”
Define premises (2/7)
Any fixed or moveable structure (vessel, vehicle, aircraft)
(Heseldine v Daw) - lifts
(Wheeler v Copas) - ladder
Classes of lawful visitors (3/7)
Invitee - friends, invited e.g. quoting for work
Licensee - enters in material interest e.g. shop visitor
Contractual permission - painter
Statutory right - meter reader
Duty of care (4/7)
D’s duty to take reasonable care to ensure a visitor is safe.
Basic - it is the visitor rather than the premises which has to be made safe.
Higher - (Glasgow Corp v Taylor) - allows children to be less careful - “allurement principle” - must not lead children into temptation.
Lower - (Roles v Nathan) -
guard against special risks incidental to the occupation e.g. electricians getting electrocuted.
(5/7) breach
Normal rules of breach apply - falling below the standards of a reasonable man.
(6/7) Damage (causation)
Normal rules of damage apply
(7/7) Defences (warnings)
Occupiers do not have to warn adult trespassers against obvious risk of injury against obvious dangers (Ratcliff v McConnell)
(7/7) Defences (unexpected time)
Occupiers do not have to warn adults trespassing against obvious risks if the trespasser enters at an unforeseeable time of day or year
(Donoghue v Folkstone)
(7/7) Defences (cost of taking precaution)
Occupiers do not have to spend lots of money making premises safe from an obvious risk
(Tomlinson v Congleton Borough Council)
(7/7) Defences (C aware of risks)
(Ratcliffe v McConnall)
Duty of care is not owed if C is aware of the risk.
(7/7) Defences (warning signs)
Warnings relieved liability if they keep safe at all times.
(7/7) Defences (contributory negligence)
(The Calgarth)
(7/7) Defences (volenti/consent)
- No liability in respect of risks willingly accepted.
- Visitor must fully understand the risks.