occupiers liability

Question 1

occupiers liability act 1957

Answer 1

lawful visitors

Question 2

occupiers liability act 1984

Answer 2

trespassers

Question 3

what is stage 1

Answer 3

who is an occupier

Question 4

who is an occupier

Answer 4

someone with a sufficient degree of control

Question 5

case for who is an occupier

Answer 5

Wheat v lacon

Question 6

stage 2

Answer 6

who is a visitor

Question 7

who is a visitor

Answer 7

someone with:
- express or implied permission
- legal rights of entry
- permission due to contract

Question 8

case for who is a visitor

Answer 8

Lowery v walker

Question 9

what was established in the calgarth

Answer 9

visitors who exceed their permission under OLA 1957 become trespassers and will be dealt with under OLA 1984

Question 10

stage 3

Answer 10

what are premises

Question 11

what are premises defined as under s.1(3)(a)

Answer 11

any land, any building, any fixed/moveable structure including any vessels, vehicles and aircrafts

Question 12

case for lift

Answer 12

Haseldine v daw

Question 13

case for ladder

Answer 13

Wheeler v copas

Question 14

what does it mean by state of premises

Answer 14

under S.1(1) is in respect of damage caused by the state of the premises and the land/building must have an underlying problem with them

Question 15

case for state of premises

Answer 15

Ogwo v Taylor

Question 16

what is the duty of care under S.2(2)

Answer 16

occupier must take reasonable care to see that visitors will be reasonably safe using the premises for the purpose of their visit

Question 17

Tedstone v Bourne Leisure

Answer 17

the duty is to keep the visitor safe, not the premises

Question 18

what was established under s.2(3)(a) OLA

Answer 18

an occupier must be prepared for children to be less careful than adults

Question 19

case example for children

Answer 19

• Jolly v sutton
• Glasgow co. v Taylor
• Moloney v LBC

Question 20

what was established under s.2(3)(b)

Answer 20

that professionals/experts should ‘guard and appreciate against any special risks ‘ordinarily incident’ to their job

Question 21

case example for experts

Answer 21

Roles v Nathan

Question 22

what are the two ways an occupier may discharge their duty

Answer 22

• warnings s.2(4)(a)
• faulty execution of work by an independent contractor engaged by the occupier under s.2(4)(b)

Question 23

what is the requirements for warnings s.2(4)(a)

Answer 23

• must cover the danger that in fact arises
• there is no duty to warn against obvious risks

Question 24

case examples for warnings

Answer 24

• Rae v Mars
• Cotton v derbyshire dales

Question 25

how many conditions are there to satisfy faulty work of an independent contractor under s.2(4)(b)

Answer 25

three conditions

Question 26

condition one for faulty work of an independent contractor + case

Answer 26

has the occupier acted reasonably in entrusting the work to an independent contractor
- Haseldine v daw

Question 27

condition two for faulty work of an independent contractor + case

Answer 27

did the occupier take any steps in order to satisfy himself that the independent contractor was competent
- Bottomley v TCC

Question 28

condition three for faulty work of an independent contractor + case

Answer 28

occupier was sure that the work was actually done
- Woodward v Mayor of Hastings

Question 29

what sections must be satisfied for a duty to arise for trespassers

Answer 29

S.1(3)(a) - (c)

Question 30

what is S.1(3)(a) for duty for trespassers + case

Answer 30

the occupier is aware of the danger or has reasonable grounds to believe it exists
- Rhind v AWP

Question 31

what is S.1(3)(b) for duty for trespassers + case

Answer 31

the occupier knows or has reasonable grounds to believe that the other (trespasser) is in the vicinity of the danger
- Swain v NRP
- Scott v ABP

Question 32

what is S.1(3)(c) for duty for trespassers + case

Answer 32

the risk is one against which, in all the circumstances of the case, they may be reasonably expected to offer the other some protection
- Tomilson v Congleton BC

Question 33

what may be some of the circumstances of the case in S.1(3)(c) to consider

Answer 33

• the purpose of the entry
• the age and capabilities of the trespasser
• financial resources of the trespasser
• the nature of the premises and what precautions were practical

Question 34

what is the duty for trespassers under s.1(4)

Answer 34

’ the duty is to take such care as is reasonable in all the circumstances of the case to see that he does not suffer injury on the premises by reason of the danger concerned’