OLA 57 Flashcards
What is the definition of occupiers liability?
Whether the claimant injures themselves or loses property due to the state of the defendants premises
Who is the occupier?
Anyone with sufficient control over the premises (wheat)
What is a premises?
Fixed or movable structure like a ladder(wheeler v copas)
What are the types of lawful visitors?
Invitees, licenses, contractual permissions and statutory permissions
What duty of care adults owed?
A common duty of care
How safe should adults be kept on the premises?
Premises should be reasonably safe (laverton v kiapasha takeaway)
How safe should a premises be for children?
Occupiers must take extra precautions as children will be less careful
What are allurements?
Things which would interest children e.g Glasgow coporation
What are the factors do occupiers have to consider for children?
Foreseeable in injury (jolley) and parental supervision (Phipps)
What are the rules of independent contractors?
There must be a reasonable reason to hire them, they must be competent and the work should be checked after (Woodward)
What are the rules with trades people?
They will not be owed compensation if the injuries occur during their trade (Nathan)
What are defences?
Warning signs (mars), volenti, contributory negligence and consumers rights act
