occupiers Liability Act 1957 Flashcards
deciding who occupier is
wheat vs E lacon
if nobody is in control of premise
bailey vs armes
premise
1(3)(a) -person possess or controls a fixed or movable structure(s)
occupier did actions an ordinary person could’ve done
revill vs newbery
occupier doesnt have to make premise completely, has to do what is reasonable
laverton vs kiapasha takeaway supreme
premise must pose serious threat before foreseeability of damage can be found
dean v debell
no liability for pure accidents or multiple causes of damage
cole v david
what section is about children
s 2(3)
occupier needs to take precautions for allurement that could lead to harm
glasgow v taylor
if allurement exists but damage is not foreseeable- there is no liability
jolley vs sutton
tradesman must protect themselves from any risk
roles vs Nathan s(2 (3)(b)
contributory negligence
claimant is partly responsible for injuries
consent
if successfully argued D will not be liable for damages
warning notice
can be oral or written s2(4)
occupier may be required to erect barriers or warnings to keep visitors safe
Rae vs Marrs ltd
if danger is obvious and visitor appreciates it, no additional warning necessary
Staples vs West Dorset
exclusion clauses
an occupier is able to restrict modify or exclude his duty by agreement
child trespasser
keown vs coventy
occupiers liability for independent contractors
3 requirements
-insurance check
BOTTOMLEY v Todmorden Cricket Club
occupiers liability for independent contractors
3 requirements
-reasonable to give work to contractor
HASELINE vs DAW
occupiers liability for independent contractors
3 requirements
-if the occupier is not an expert, an expert may be needed
WOODWARD vs Mayor of Hastings
