Occupiers Liability- Lawful Visitors Flashcards
What is an occupier?
no statutory definition
person with control over the premises at the time of the incident
(maybe more than one occupier)
Wheat V Lacon
- occupier is the person in control of the premises at the time of the incident
- there can be more than one occupier
(Visitor fell down stairs and died)
Bailey V Armes
No one in effective control
a boy living in a flat above a supermarket would play on the roof, his friend got injured when he fell of the roof
What are premises
The only statutory definition
s.1(3)(a) Occupier’s Liability Act 1957
‘any fixed or moveable structure including any vessel, vehicle and aircraft’
Occupiers’ Liability Act 1957
S.2(1)
the occupier owes the COMMON DUTY OF CARE to all lawful visitors in respect of personal injury due to the STATE OF THE PREMISES
COMMON DUTY OF CARE
to take reasonable care in all the circumstances to make sure the visitor will be REASONABLY SAFE
lawful visitor
legitimate visitor; anyone with a lawful right to be on the premises- authorised to be there
Lawful visitor may be awarded?
Compensatory DAMAGES
the 1957 act only applies…
if the visitor is carrying out activities that are authorised
A lawful visitor can become and unlawful visitor
a trespasser if she exceeds her permission or enters a prohibited area
Laverton V Kiapasha Takeaway
The occupier only has to make the premises REASONABLY SAFE for visitors
the standard of care applied is that of…
the reasonable man, the occupier must guard against risks that are reasonably foreseeable
Rochester Cathedral V Debell
reasonably foreseeable risk
A REAL SOURCE OF DANGER
the occupier owes child visitors?
the common duty of care
plus and ADDITIONAL SPECIAL DUTY
( must be prepared for children to be less careful than adults)
MUST BE REASONABLY SAFE FOR A CHILD OF THAG AGE
Glasgow Corporation V Taylor
occupier should guard against allurement (attraction) that puts the child visitor at risk
