Ola 57 Flashcards
The occupiers liability act 1957 applies…..?
. If the claimant Is a lawful visitor
What is a premises
According to S1(3) A a premises is any fixed or moveable structure this can include a ladder as seen wheeler V copas
Who is an occupier
Anyone with a sufficient degree of control over the premises as seen wheat v lacon
Who is a lawful visitor
Liencee expressed implied
Duty of care owed by the occupier
Under S2(2) the occupier must keep a lawful visitor reasonably safe while on the premises but not completely safe and if their is warring signs this could mean they met the standard
What case shows that an occupier’s duty of care is to take reasonable steps to prevent harm, not to guarantee absolute safety?
Laverton v kiapasha takeaway
What does S2 (3) (a) say about children
Occupiers must be prepared for a child to be less careful than an adult so premises must le safe for a child of that age
What is allurement
Something that attracts children
What case references allurement
Glasgow corporation V Taylor
Which case established that occupiers can expect parents to supervise young children on their property?
Phipps V Rochester corporation
What states that warning signs can be a way for occupiers to meet their duty of care but only if adequate
S2 (4) (a)