Occupiers Liability - Paper 2 Flashcards

1
Q

What is meant by Occupiers Liability?

A

Where C is injured whilst on D’s land

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2
Q

Which Act would a lawful visitor claim under?

A

Occupiers Liability Act 1957

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3
Q

What does section 2(1) OLA 1957 state?

A

The occupier of premises owes a common duty of care to visitors

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4
Q

Occupier was defined by which judge in which case?

A

Lord Denning in Wheat v Lacon

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5
Q

Which test did Lord Denning use to define occupier?

A

The sufficient control test

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6
Q

What is the definition of occupier?

A

A person who has a sufficient degree of control over premises that they ought to realise that any failure on their part to use care may result in injury to a person

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7
Q

Apart from defining occupier, what else did Wheat v Lacon establish?

A

That there can be multiple occupiers of the same premises

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8
Q

What is the definition of visitor?

A

Anyone who is invited or permitted to be on the land, express or implied

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9
Q

What is the definition of premises under section 1(3)(a)?

A

Any fixed or moveable structure, including any vessel, vehicle, and aircraft

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10
Q

What does section 2(2) say about a common duty of care?

A

The occupier has a duty to take reasonable steps to ensure that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted to be there

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11
Q

Which case held that the injury must be due to the state of the premises and not the activities of the visitor?

A

Darby v National Trust

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12
Q

What does it mean by the occupier must act reasonably?

A

Have they done or not done what a reasonable occupier would have done or not done, and the duty is only owed in respect of the purpose for which the visitor is permitted to be on the premises

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13
Q

What does section 2(3)(a) say about a duty owed to children?

A

An occupier must be prepared for children to be less careful than adults as they may not see the dangers or appreciate the risks, therefore a higher duty is owed to children

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14
Q

What was the decision in Glasgow Corporation v Taylor?

A

An occupier should guard against any kind of allurement that place the child visitor at risk

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15
Q

Which case held that very young children should be supervised by parents and so occupiers may not be liable

A

Phipps v Rochester Corporation

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16
Q

What does section 2(3)(b) say about a duty owed to experts?

A

An occupier may expect that an expert will ‘appreciate and guard against risks that are in the exercise of their calling’

17
Q

What does section 2(4)(b) say about negligence of independent contractors?

A

Occupier will not be liable for loss or injuries suffered by visitors when the cause of damage is the negligence of an independent contractor if two conditions are met

18
Q

What is the first condition in which an occupier will not be liable for the negligence of an independent contractor?

A

It must have been reasonable for the occupier to have entrusted the work to the independent contractor

19
Q

What is the second condition in which an occupier will not be liable for the negligence of an independent contractor?

A

Occupier must have taken reasonable steps to satisfy themselves that the contractor was competent and that the work was properly done

20
Q

What was the decision in Haseldine v Daw?

A

If the work is of a complex or technical nature, it is less reasonable to impose an obligation and there is less the occupier has to do to make sure the task is done

21
Q

How can an occupier discharge their duty?

A

Through warning signs or consent

22
Q

What does the law say about warning signs?

A

They must be sufficient to enable the visitor to be reasonably safe, so consider how effective the warning sign is

23
Q

Which case held there is no specific obligation to display a warning when the danger is one that should be obvious to any visitor?

A

Cotton v Derbyshire Council

24
Q

Why can an occupier discharge their duty through consent?

A

Because the visitor willingly accepts the risk

25
Q

Which Act would a trespasser claim under?

A

Occupiers Liability Act 1984

26
Q

What was the decision in British Railway Board v Herrington?

A

An occupier will owe a duty of ‘common humanity’ to trespassers, meaning they can’t deliberately injure or set traps for them

27
Q

What does section 1(1) OLA 1984 state?

A

A duty is owed to trespassers for injuries caused by a danger due to the state of the premises

28
Q

Section 1(3) sets out three conditions in which an occupier will owe trespassers a duty of care. What is the first condition under section 1(3)(a)?

A

The occupier is aware of the danger or has reasonable grounds to believe it exists

29
Q

What is the second condition in which an occupier will owe a trespasser a duty under section 1(3)(b)?

A

The occupier knows or has reasonable grounds to believe that someone is in the vicinity of the danger

30
Q

What is the third condition in which an occupier will owe a trespasser a duty under section 1(3)(c)?

A

The risk is serious enough that the occupier may reasonably be expected to offer some protection against it

31
Q

When will an occupier have breached their duty towards a trespasser?

A

When they have not taken reasonable care to see that the trespasser does not suffer personal injury

32
Q

What does section 1(5) OLA 1984 say about warnings?

A

An occupier may discharge their duty by taking reasonable steps to give warning of the danger or to discourage people, and the emphasis is on making the trespasser aware of why they shouldn’t come onto the premises

33
Q

What is the rule regarding child trespassers?

A

They may not necessarily be expected to take notice of warning signs, therefore greater steps may need to be take by the occupier