Occupiers' Liability Flashcards
(26 cards)
Statute for duty towards those who come onto land with permission
Occupiers’ liability 1957
Statute for duty towards trespassers
Occupiers’ liability 1984
What is an Occupier
Common law, an occupier is the person in control of the premises
Wheat v E.lacon & co Ltd 1966
-Manager of pub given right to rent out rooms
-Guest fell down unlit staircase
-Manager and employer as occupiers and liable as in control at the time
Harris v Birkenhead Corporation 1976
-4 year old injured in an empty house
-Council had taken control of property but not taken possession yet
-Not made the premises safe
-Decided council was in “occupation” of the premises
Bailey v Armes 1999
-Defendants lived in flat above supermarket and let son play on the roof
-Sons friend fell off
-Supermarket nor parents were occupiers for roof as neither had control of it
Section of statute that defines premises
Section 1(3) Occupiers’ liability act 1957
Wheeler v Copas 1981
-A labourer injured on an inadequate ladder supplied by defendant
-Defendant not an occupier
Define Invitee
A lawful visitor who is invited into a property
Define Licensee
Given authority to have a right to be on the property, e.g. landlords
Contractually permitted
Contracted to be on a property
Statutory right to enter
Right to enter that is authorised by a statute e.g. Police, public pathways
Occupiers’ duty towards an adult
s.2(2) 1957 act - 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 for
Laverton v Kiapasha Takeaway supreme 2002
-claimant had heels and had alot to drink
-in a crowded area with wet floor due to weather
-owner had cleaned floor alot and had non slip tiles
-claimant slipped owner not liable for natural circumstances(weather being dreaded inside)
Dean & Chapter of Rochester Cathedral v Devell 2016
-Premises must be a “real source of danger” before foreseeability of the risk of damage can be found
(Occupiers liability) Statute and section for children
s.2(3) of the 1957 act
“Must be prepared for children to be less careful than adults and as a result the premises must be reasonably safe for a child of that age”
Taylor v Glasgow Corporation 1923
-Defendants owned the botanic gardens of Glasgow
-open to public and a boy of 7 years ate berries from the shrubs and died from the poison
-no warning signs or fencing
-Alluring to children so duty owed and defendant was liable
Phipps v Rochester Corporation 1955
-5 year old boy was walking across some open ground with sister (7)
-fell into trench
-Corp was not held at fault as prudent parents would not let this happen
Jolley v London borough of Sutton 2000
-2 14 year old boys found abandoned boat on council land
-In rotten condition and dangerous warning sign to not go in
-Council didn’t take it away and fell on boy
-Council liable
(Occupiers liability) Statute and section for tradespeople
S.2 1957 act
“ an occupier can expect a trades person to guard against any particular danger arising out of the nature of the work”
Roles v Nathan 1963
-Chimney cleaners were warned it was too dangerous to do job and escorted out
-secretly came back later to do it and died from the danger
-Occupiers not liable as they gave sufficient warning
What 3 things can reduce the liability of the occupier to a contractor
1: It was reasonable to provide the work to the contractor
2:The occupier checked the contractor was qualified to do the work
3:The occupier checked the work was done completely(if they could have)
Haseldine v Daw & son Ltd 1941
-Occupiers of a block of flats had some contractors to make inspections of the safety of a lift
-One time they had been negligent on repairing it
-claimant was injured when lift fell
-Occupiers not liable as they had checked if qualified and couldn’t inspect as too complicated
4 defences for Occupiers liability
Contributory negligence
Consent
Warning notices
Exclusion clauses
