occupies liability 1984 Flashcards
what is occupier liability
a branch of negligence where c sues the occupier for the injuries, loss or damage suffered while on their premises, usually due to the bad state of the premises.
the main remedy is compensation.
what is occupiers 1984
covers trespassers injured on the premises.
compensation for personal injury.
what is an occupier s.1(2)
the person in control of the premises, doesn’t have to live on the premises and there can be shared control
case example wheat- guest died after falling downstairs
what is a premises s.1(3)
fixed more movable structure such as an aircraft. no statutory definition.
case axample to show change in law
traditionally no liability owed for trespassers. House of Lords changed this due to common duty of humanity.
case example- BRB v Herrington- boy burned after trespassing onto railway line
what can trespassers claim for
personal injury
what is a trespasser
a person who has no permission to be on the premises
or
a visitor gone beyond the permission given
what is under s.1(1)
the danger must be due to the state of the premises, this means only covers personal injury not damage to property.
occupier must have done or failed to make premises safe.
key cases of s.1(1)
Keown- 11 year old claimed fire exit, d not liable due to behaviours of claimant, not the state of the premises.
what are the three conditions that must be satisfied for D to be liable
s.1(3)(a) aware of the danger- the occupier must be aware of the danger or reasonable grounds to suspect there is danger
example- Rhind- c jumped into lake and injured
s.1(3)(b) knowledge that the trespasser might enter- the occupier must be aware trespassers might come into the area, courts will consider time/day the incident occurred
key case- Donoughue V folkestone
s.1(3)(c) D expected to offer some protection- occupier must offer some protection- such as warning signs
key case Tomlinson
what is the objective standard of care
under s.1(4)- the duty to take care to prevent injury is decided by applying an objective standard, factors such as nature of premises.
what are the defences if relevant
s.1(5) warning notices- if c a child, must be mindful
key case- Westwood
law reform act 1945-
1)claimant failed to take proper care in circumstances
2) the failure to take proper care was a contributory cause of damage suffered
s.1(6) consent
1)was c aware of the risk
2)was the risk accepted freely
if defence succeeds D will not be liable
