Occupiers Liability Flashcards
1
Q
What is occ liability?
A
Branch of tort that effects land, injury/damage caused by the state of a premises.
2
Q
Premises?
A
Widely defined, a fixed/moveable structure and it can be houses, land, buildings or
- ships London Dock v Horton
- vehicles Hartwell v Grayson
- aircraft Fosbroke v Airwork
- lifts Haseldine v Daw
- ladders Wheeler v Copas
3
Q
Occupier?
A
Widely defined but generally ‘anyone in control of the land’ shown in Wheat v E Lacon, liability depends on the circumstance. To be liable you have to have sufficient control over the premises shown in Harris v Birkenhead, and sometimes nobody is in control shown in Bailey v Armes.
4
Q
Reform?
A
- compulsory insurance to support no fault liability
- compensation scheme by the state
- increased personal respect.