Important cases: Occupier's liability Flashcards
(38 cards)
1:Wheat v E Lacon & Co. Ltd (1966)
There can be more than one occupier
1:Harris v Birkenhead Corporation (1976)
Who has control of the premises is the key point
1:Bailey v Armes (1996)
Sometimes there is no one in control and thus no-one to sue
1: s1(3)a OLA 1957
Define premises
1:OLA 1957 s1(2)
Includes invitees (people invited in/have express permission) licensees (express/implied permission to be on land at a specific time
1:OLA 1957 s5(1)
those with contractual permission (eg if you have a ticket to a concert)
1:OLA 1957 s2(6)
those with statutory rights of entry (e.g police, fire service, ambulance
1:Lowery v Walker (1911)
if implied licence in common law [if the occupier is aware of repeated trespass and does nothing
1:Taylor v Glasgow City Council (1922))
this is more likely to be found if there is an ‘allurement’ (something particularly attractive) on the land
1:OLA 1984
If not a lawful visitor, is a trespasser.
2: s2(2) OLA (1957)
Duty of care owed to visitor: “take such care as in all the circumstances….is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited….to be there”.
2: British Rail Board v Herrington (1972)
Duty of care owed to trespasser: “Duty owed to common humanity”
2:s s(1)(a) OLA 1984
Duty of care owed to trespasser: Duty owed to people other than lawful visitors
2: (s(1)(3) Occupiers’ Liability Act(1984)
Duty of care owed to trespasser: duty only owed if:
- Aware of the danger or have reasonable grounds to believe it exists
- Know or have reasonable grounds to believe that the other is in the vicinity of the danger or that they may come into the vicinity of the danger
The risk is one against which, in all the circumstances of the case, they may be expected to offer the other some protection.
3:Roles v Nathan (1963)
No duty for occupier to warn tradesmen of common dangers of trade
3: Tomlinson v Congleton Borough Council (2003)
No liability for obvious dangers (trespassers)
3:Donaghue v Folkestone Visitors
Time of day/year important when imposing liability
3:Laverton v Kiapasha Takeaway
No duty to mitigate all risk – only reasonable steps requirement
3:Higgs v Foster (2004)
No liability if occupier not aware of danger (trespasser) under s1(2)
3: Dean and Chapter of Rochester Cathedral v Debell (2016)
No duty to prevent every day trips and slips.
No duty to maintain perfect risk-free state
Only liable if ‘risk which causes a real source of danger’
3:Taylor v Glasgow Corporation (1922)
Occupiers must expect children to be less careful than adults and protect against hidden allurements
3:English Heritage v Taylor (2016)
Warning signs do count
3: Darby v National Trust (2001)
No duty to warn against obvious dangers
3: Bottomley v Todmorton Cricket Club (2003)
D liable if not taken reasonable steps to avoid danger
