Occupiers Liability - Lawful Visitors Flashcards
Who is a lawful visitor?
Invitees, Licensees, given contractual permission, statutory right (police officers)
What is an occupier
The owner/tenant of the land
What act does Occupiers Liability Lawful visitor come under?
Occupiers Liability Act 1957
Wheat
Owner and manager of pub were held to be occupiers.
What is owed to adult visitors?
A ‘common duty of care’. To make premise reasonably safe
What is owed to children?
A greater duty of care
Glasgow
A child ate poisonous berries on land. Held that parents were responsible for making the land safe for children . A greater duty of care was needed.
Very young?
Very young children are expected to be supervised by parents. Therefore some occupiers will not be liable.
Work men on site
should be aware of the risks that come with their work.
Roles
Chimney sweeps inhaled carbon dioxide and died. Held that the occupier is not liable as they should have been aware of risk/danger
Occupier NOT liable for independent contractor if - - -
- It is reasonable to give work to another - The contractor is reputable, Bottomly - The occupier is unable to check the work, Haseldine
Bottomly
Untrained people let off fireworks. Held that the occupier is liable as they should have checked credential.
Haseldine
Installed elevator fell. Held that occupier is not liable because they could not check the work done by a contractor.
What can be claimed on?
Personal Injury and damage to personal belongings.
