Occupiers Liability Cases Flashcards
Occupier definition
Occupiers Liability Act 1957
Harris v Birkenhead
Wheat v Lacon
The occupier only needs to make the premises reasonably safe
Occupiers Liability Act 1957
Laverton v kiapasha takeaway
Rochester Cathedral v Debell
Liability to children
Allurement
Occupiers Liability Act 1957
Glasgow corporation v Taylor
jolley v London BC
Phipps v Rochester corporation
Occupiers liability to people carrying out a trade
Tradesman should guard against risks he should know about
Occupiers Liability Act 1957
Roles v Nathan
Occupiers liability to people carrying out a trade
There must be reasonable for a specialist
Occupiers Liability Act 1957
Hasledine v Daw & Son
Occupiers liability to people carrying out a trade
The occupier must ensure tradesman is qualified
Occupiers Liability Act 1957
Bottomley v Todmorden Cricket club
Occupiers liability to people carrying out a trade
The occupier must check the work is done properly
Occupiers Liability Act 1957
Woodward v Major of Hastings
Occupiers have a common duty of care towards tresspassers
Occupiers Liability Act 1984
British Railway v Herrington
is the occupier is aware or has reason to believe a dangerous state of the premises exists
Occupiers Liability Act 1984
Ratcliff v McConnell
is the occupier have reason to believe that someone else may come in the vicinity of the danger.
Occupiers Liability Act 1984
Higgs v Foster
is the danger is one that the occupier may reasonably be expected to offer some protection
Occupiers Liability Act 1984
Donoghue v Folkstone
Tomlinson v Congleton B.C.
Contributory negligence
100% reduction
Defences to a negligence claim
Jeyes v IMI Itd
Consent
Cannot be used if claimant had no choice but to take the risk
Defences to a negligence claim
Smith v Baker
Consent
cannot be used if the person has a duty to act and is then injured
Defences to a negligence claim
Ogwo v Taylor
Consent
Can be used if d acts against employers orders or statutory orders
Defences to a negligence claim
ICI v Shatwell
