occupiers liability 1957 Flashcards
what is the definition of occupiers liability?
section 1(1): damage arising from the state of the premises or things omitted to be done on them
who is occupiers liability 1957 for?
lawful visitors
What is an occupier?
Someone in control of a property
Wheat v Lacon
What is a premises?
Section 1(3) land, building and fixed or moveable structure
What is a lawful visitor?
Someone with a legal right to be there
What is a duty of care?
Section 2(2)
To take reasonable care to keep visitors safe for the purposes they are permitted
What is reasonable care?
Laverton v Kiapasha Takeaway Supreme
Enough to show there is reasonable but not too extreme steps are needed
What must be there for children?
A higher standard of care
Section 3(a)
Children are at more risk
Moloney v Lambeth BC
Children and allurements
Glasgow corporation v Taylor
Parents and their expectations to supervise
Phipps v Rochester
Use of exclusion clauses
Section 2(1) clauses are subject to UCTA rules
Specialist visitors
Section 2(3)(b) they are expected to guard against risks associated with trade
Roles v Nathan
Warning signs
Section 2(4)(a) if a warning does enough in the circumstances to comply with the duty Rae v Mars Ltd
Independent contractor
Section 2(4)(b) if damage caused by negligent work of independent contractor
•was it reasonable to hire a contractor
•was a competent contractor chosen
• was the work inspected if appropriate Haseldine v Daw
