Occupiers Liability Act 1957 Flashcards
WHAT THE ACT STATES
- A COMMON DUTY OF CARE IS OFFERED TO ALL LAWFUL VISITORS (S2)(1)
- THE DUTY IS TO ENSURE THAT THE VISITOR IS SAFE FOR THE PURPOSES OF THE VISIT (S2)(1)
- AN OCCUPIER MUST TAKE EXTRA CARE FOR CHILDREN, WHO ARE LESS CAREFUL THAN ADULTS & NOT PUT EXTRA DANGER/ ALLUREMENTS IN THEIR PATH
WHEAT v LACON
FACTS: visitor fell down stairs and died.
LAW: occupier is person with control over the premises
LAVERTON v KIAPASHA TAKEAWAY SUPREME
FACTS: customer injured in shop
LAW: premises do not have to be 100% safe if the right precautions have been taken
GLASGOW CORP v TAYLOR
FACTS: child poisoned by eating berries off a bush in a park
LAW: occupier has to protect child visitors from allurements
PHIPPS V ROCHESTER CORP
FACTS: young child injured after falling in a trench
LAW: occupier can expect parents to supervise young children
JOLLEY V SUTTON LBC
FACTS: teen injured while playing with boat on council land
LAW: occupier is liable as teens actions are reasonably foreseeable
ROLES V NATHAN
FACTS: chimney sweeps killed working in industrial chimney
LAW: occupier can expect workmen to guard against risks that are incidental to their work