Occupiers liability 1957 Flashcards
Who Is an occupier?
A person who is in control of the premises
Wheat V E Lacon
What is a premise?
A fixed or movable structure including any vessel, vehicle or aircraft
Wheeler V Copas
what is an invitee?
lawful visitors
a person who has express permission to be there
Who is a licensee?
Those who have expressed or implied to be there for a particular period of time
Who is a contractual permission?
a person who has bought an entry ticket for an event
What are statutory permissions?
Police exercising a warrant
Who are not considered as lawful visitors?
- tresspassers
- invitees exceeding permission
- those exercising public right of way
- those exercising private right of way
What duty of care does an occupier owe?
The occupier does not have to make the visitors completely safe but must do what is reasonable
Laverton V Kiapasha Takeaway
What must an occupier must be prepared for regarding children?
An occupier must be prepared for children to be less careful than adults and must keep the premises reasonably safe for a child of that age
what are allurements?
Something on the premise that may be attractive to children and which may cause harm or injury
Glasgow corporation V Taylor
What is the rules with foreseeable damage?
If an allurement exists, there will be no liability on the occupier of the damage or injury suffered is not foreseeable
Jolley V Sutton LBC
What is the rule with parental supervision?
Where very young children are injured the courts are reluctant to find the occupier liable as the child should be under parental supervision
Phipps V Rochester
What can an occupier expect of a tradesperson?
That a person in their specialty will guard against any special risks
What duty of care does an occupier owe a tradesperson?
The occupier owes a common duty of care. An occupier will not be liable where workers do not guard against risks that they do not know about
Roles V Nathan
What are the rules for independent contractors?
The occupier will not be liable for any damage caused to a visitor for faulty work carried out by an independent contractor
- the work given out must be reasonable
- the contractor must be competent to carry out the work
- the occupier must check the work has been carried out properly
What can be used as a defence?
- warning signs
