Occupiers Liability (Visitors) Flashcards
What can C bring against D under the Occupiers’ Liability Act 1957?
C may bring an action against D under the Occupiers’ Liability Act 1957.
What must C be to bring an action under Section 1(2)?
C must be a lawful visitor on D’s premises.
What are examples of lawful visitors?
Examples include express permission, contractual permission, implied permission, permission through implied license, or a legal right of entry.
Examples: C has express permission through being invited, has a ticket for an event, or is a police officer with a warrant.
Who must D be in the context of occupiers’ liability?
D must be the occupier, as in Wheat v Lacon.
What defines ‘premises’ under Section 1(3)(a)?
‘Premises’ is defined as ‘any fixed or moveable structure, including any vessel, vehicle and aircraft’.
Example: D is the occupier of premises as the cottage is a fixed structure.
What duty does D owe to C under Section 2(1)?
D owes C a ‘common duty of care’.
What must D do according to Section 2(2)?
D must take reasonable care to ensure that the visitor will be reasonably safe in using the premises for the purposes for which he is invited.
Example: Laverton v Kiapasha.
What must D do to ensure C’s safety?
D must take reasonable precautions to keep C reasonably safe, compared to the standard of a reasonable occupier.
(Vaughan v Menlove, Blyth v Birmingham)
What is the standard of care for skilled adult visitors?
Under Section 2(3)(b), D can expect skilled visitors to appreciate and guard against special risks ordinarily incidental to their work.
(Roles v Nathan)
Does the standard of care apply to rescuers?
No, the standard does not apply to rescuers such as firemen.
(Ogwo v Taylor)
What duty does D owe to a child visitor?
Under Section 2(1), D owes C a ‘common duty of care’ and must take reasonable care to ensure C’s safety.
(Laverton v Kiapasha)
How is D’s standard of care judged for children?
D’s standard of care is judged subjectively and is higher for children, as they are less careful than adults.
(Perry v Butlins, Moloney v Lambeth BC)
What must D guard against regarding children?
D must guard against the risk of an allurement, and liability arises only if the injury was reasonably foreseeable.
(Glasgow Corporation v Taylor, Jolley v Sutton)
What is required for liability concerning allurement?
There will only be liability if the injury was reasonably foreseeable without previous warnings; mere existence of an allurement is not enough.
(Liddle v Yorkshire CC)
What is the supervision requirement for very young children?
Very young children must be supervised by their parents.
(Phipps v Rochester)
What is an example of D falling below the standard of care?
D fell below the standard by not clearing broken glass in the children’s play area of the hotel.
Example
Under Section 2(4)(b), what must D show to pass liability to Z as an independent contractor?
D must show that they (a) took reasonable steps to check that Z was competent, (b) it was reasonable to have given the work to Z, and (c) checked that any ‘non-technical work’ had been properly done.
Examples: Bottomley v Todmorden Cricket Club, Woodward v Mayor of Hastings, Haseldine v Daw.
Is there a duty to check ‘technical work’ when passing liability to an independent contractor?
No, there is no duty to check ‘technical work’.
What is a full defense under Section 2(4)(a)?
An oral or written warning can be a full defense if it is effective enough to enable the visitor to be reasonably safe.
Example: Rae v Mars.
Is there a duty to warn against obvious risks?
No, there is no duty to warn against obvious risks.
Example: Darby v National Trust.
How does the Law Reform (Contributory Negligence) Act 1945 affect damages?
It reduces damages according to the extent to which the claimant has contributed to their own injuries.
Examples: Sayers v Harlow, Jayes v IMI.
What is the defense of volenti non fit injuria?
It is a full defense under Section 2(5) where the claimant fully understood the nature of the risk and exercised free choice.
Example: White Lion v James.
What can an Exclusion Clause under Section 2(1) do?
It can limit or exclude liability, provided it is ‘reasonable’ under the Unfair Contract Terms Act 1977.
Example: A clear warning sign could exclude D’s liability if considered reasonable.
What is the purpose of compensatory damages under the DAMAGES ACT 1996?
The aim is to put the claimant in their pre-tort position.
What types of losses can be claimed as pecuniary damages?
Pecuniary (financial) losses will be claimed, such as medical bills. Special damages will be awarded.
What types of losses can be claimed as non-pecuniary damages?
Non-pecuniary (non-financial) losses will be claimed, such as loss of amenity. General damages will be awarded.
What is the duty of the claimant regarding loss?
C is under a duty to mitigate loss, which means to keep the loss to a reasonable level.
What can C claim for medical bills and lost wages?
C will be able to claim pecuniary losses for any medical bills incurred before the trial, and the loss of wages due to the broken arm. These will be awarded in the form of special damages.
What can C claim for pain and suffering?
For the pain and suffering, C will also be able to claim non-pecuniary losses, for which he will be awarded general damages.
