OL Lawful visitors Flashcards
definition
where the claimant, a visitor or trespasser, is injured whilst on the defendants land
stage 1: introduction
The C may be able to claim as a lawful visitor under the Occupiers Liability act 1957
stage 1: Occupiers liability act 1957 S.2(1)
the occupier of premises owes “a common duty of care” to visitors
stage 1: occupier
Lord Denning in Wheat v Lacon- “anyone who has a sufficient degree of control ought to realise that failure to use care on their part may result to injury of a person” can be multiple occupiers and uses the sufficient control test
stage 1: premises S.1(3)(a)
“any fixed or moveable structure including any vessel, vehicle and aircraft”
stage 1: visitor
anyone who is invited or permitted to be on the land (expressed or implied)
stage 1: common duty of care
S2(2) 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”
stage 1: common duty of care- DARBY v NATIONAL TRUST
injury must be due to the state of the premesis and not the activities of the visitor
stage 2: Breach, occupier must act reasonably
what a reasonable person would have done or not done- duty is only owed in respect of the purpose for which the visitor is permitted to be on the premises
side rule: duty owed to children
S2(3)(a)- occupier must be prepared for children to be less careful than adults, might not see dangers or risks, occupier has a higher duty of care
side rule: allurements
- GLASGOW CORPORATION v TAYLOR- an occupier should guard against any kind of allurement that places a child visitor at risk
side rule: parental supervision
very young children should be under their parent’s supervision (PHIPPS v ROCHESTER CORPORATION)
side rule- Duty owed to experts
S2(3)(b) occupier may expect that an expert will “appreciate and guard against risks that are in the exercise of their calling “( ROLES v NATHAN)
side rule: Negligence of independent contractors
Section 2(4)(b)- occupier will not be liable for loss or injuries suffered by visitors when the cause of damage is the negligence of an independent contractor hired by occupier if 3 conditions are met
independent contractor 1
Reasonable for occupier to have entrusted the work to an independent contractor (HAZELDINE V DAW)
independent contractor 2
Occupier must have taken reasonable steps to satisfy themselves that the contractor was competent (BOTTOMLEY v TODMORDEN CRICKET CLUB)
independent contractor 3
did the occupier check that the work was correctly done- if the work is of a complex nature less obligation for occupier to ensure task is done (HAZELDINE v DAW)
How can occupier discharge duty
WARNING SIGNS S.1(5) can discharge duty if effective warning sign used, must alert to danger-
(COTTON v DERBYSHIRE COUNCIL) no specific obligation to display a warning when danger is obvious
CONSENT- occupier not liable when visitor willingly accepts risks
law reform (contributory negligence) act 1957- damages may be reduced accordingly
S.2(1)- exclusion clause
Remedies
lawful visitor can claim compensatory damages for personal injury and property damage
