Occupiers liability 1957 Flashcards
What is an occupier?
Someone who has a degree of control over the premises, don’t necessarily need to be the owner of the land but may instead be a tenant or independent contractor.
What happened in Wheat V E Lacon?
Employed a manager to run the pub, a guests fell down the stairs due to the problems arising from the premises.
There can be more than one occupier of the premises at in this case it was both the brewery and managers.
What does the act state about a premises?
Control of any fixed or move-able structure including vessels, vehicle, aircraft and land.
What is express and implied permission?
- A person has express permission if they have gained permission to be there, can be withdrawn.
- Implied permission is when they do not have express permission but are still a lawful visitor. BOP on claimant to prove implied permission.
How can permission be implied?
- Public services e.g police.
- Sales people
- Anyone entering shops etc.
- If someone enters to communicate with the owner.
- Repeat visitors
What happened in Lowery V Walker?
For 35 years people had been using the farmers field as a shortcut although he had repeatedly asked them to stop.
Put a wild horse in to stop them and it injured someone.
Has implied permission to be there as it had been used as a shortcut for so long.
What is the law on right of way?
A person on a public right of way are not classed as visitors and the owner will not be liable for any damage.
What happened in McGeown V Northern Ireland housing executive?
Owned a housing estate with a public footpath running between houses, a resident tripped on the footpath and was injured.
Not liable as she was neither a visitor or a trespasser. Decided too high of a burden would be placed on the defendant.
What is the common duty of care?
’ A duty to take such care in the circumstances of the case to ensure that the visitor will be kept reasonably safe in using the premises for the purposes in which they’re invited to be there’
(Rochester Cathedral V Debell)
What is the rule when it comes to children on the premises?
Must be prepared for children to be less careful than adults, they have to make the premises safe for a child of that age.
(Glasgow corporation V Taylor)
What are allurements and what happened in Glasgow Corporation V Taylor?
Is an attraction or temptation, occupier must guard against any allurement.
Child was attracted to the poisonous berries on the park which the council knew about. Defendants were liable when the child died as a result of eating the berries, they should have made the area safe.
When may they be reluctant to find liability?
When the children are very young they are reluctant to find liability as they feel they should be supervised at all times by a guardian.
What is the rule with people exercising a calling?
Owe the common duty of care, but are not liable when the tradesman has failed to guard against risks associated with their trade. Accident must be unassociated with the trade.
What happened in Roles V Nathan?
Chimney sweeps died after inhaling carbon monoxide whilst cleaning a boiler that was lit at the time.
Occupier was not liable as the risks involved were due to the trade as a chimney sweep.
What is the rule with an independent contractor (usually a large scale operation)?
The occupier can avoid liability for injuries/ damage suffered when it is caused by the negligence of an independent contractor if:
- It was reasonable for the occupier to have hired an independent contractor.
- If they ensured that the contractor was competent to carry out the task.
- And if possible they must inspect the work ensure that it been carried out correctly.
