Occupiers' Liability Flashcards
What is occupier’s liability?
The duty owed by the occupier, which arises as a result of the state of the premises that they have control over, towards persons on their premises.
What are the two statutes that occupiers’ liability is rooted on?
The (Occupiers’ Liability Act 1957), and the (Occupiers’ Liability Act 1984).
Are omissions considered a liability in the tort of occupiers’ liability?
Yes.
What are the categories of persons in occupiers’ liability in descending order of rights owed to them?
1) Contractor; 2) invitee, 3) Licensee, and 4) trespasser.
What does ‘premises’ mean? Which act/section defines this?
Includes any fixed or movable structure (OLA 1984 s1(2)).
What is a visitor?
Someone with permission to be on the land.
Could the permission given to the visitor be implied or does it have to be expressed?
It could be either implied or express.
Can the permission given to the visitor be limited within the premises ie one room not the entire house?
Yes it can be.
This case is about a child who was mauled by a lion. Give facts, ratio, and verdict.
(Pearson v Coleman Bros). A child went into the circus but had to go to the bathroom and so ignored the signs in pursuit of the bathroom and was mauled by a lion. She sued for personal injury. Held: occupiers’ liability established. Ratio: it is foreseeable that a child would wonder off and not take heed of the signs.
Can you shift from a visitor to a trespasser in a visit? Which case illustrates this? Give facts, ratio, and verdict.
(Kolasa v Ealing Hospital NHS Trust). A man who was in a hospital visit jumped from a wall and injured himself as he tried to escape the hospital. Sued in occupiers’ liability. Held: no liability; claim fails. Ratio: he was not permitted to do that and therefore became a trespasser.
Can permission for a visitor be revoked? Which case illustrates this?
Yes it can (Snook v Mannion).
Who is an occupier? Which case illustrates this?
Anyone who has sufficient control of the premises (Wheat v Lacon and Co Ltd).
Must you be in possession of the premises to be an occupier? Which case illustrates this?
No you don’t have to be in possession (Harris v Birkenhead Corp).
Does an occupier have to be prepared for children to be less careful than adults? Which act/section codifies this?
Yes (OLA 1957 s2(3)(a)).
This case shows that parents are relevant to a child’s trespass in the sense that it should be assumed at times that the parents should have taken better care.
(Glascow Corporation v Taylor).
