Occupiers Liability Flashcards
(23 cards)
What are the two Acts that are associated with occupiers liability?
- Occupiers Liability Act 1957
There is a duty of care to lawful visitors - Occupiers Liability Act 1984
There is a duty of care to non-visitors and trespassers
Define occupier:
It is someone who has the control to be able to prevent harm to others
(Harris V Birkenhead)
Define premises:
It is any fixed or moveable structure, including any vessel, vehicle and aircraft.
(Section 1 of the Occupiers Liability Act 1957)
What section do adults come under?
Section 2, subsection 2
Describe what is established about adults in the 1957 Act:
The occupier must take reasonable steps to keep them reasonably safe
Laverton
What section do children come under in the 1957 act?
Section 2, Subsection 3
Describe what is established about adults in the 1957 act:
The occupier must be prepared for them to be less careful
Glasgow
What section do trespassers come under in the 1957 Act?
Section 2, Subsection 3
Describe what is established about tradespeople in the 1957 Act:
A trespasser is a person who is invited into the property under supervision
Roles V Nathan
What section do independent contractors come under in the 1957 Act:
Section 2, Subsection 4
Describe the test and what is established about independent contractors in the 1957 Act:
They are people who run their own business and have more general knowledge.
The key test is:
1) Were they reasonable to entrust the work to them
2) Did the occupier take steps to ensure competence
3) Did the occupier inspect the work where possible
Haseldine
What are 4 main defences to occupiers for 1957?
1 - Contributory Negligence
2 - Consent
3 - Warning Notices
4 - Exclusion causes
Explain what warning notices are:
They are a defence when used properly and are warnings that can be written or verbal. They should be clear and accessible (Rae V Marrs)
Explain what exclusion clauses are:
Under section 2 of 1957, it enables an occupier to restrict or modify or exclude his duty by agreement or otherwise.
What are the two restrictions to exclusion clauses?
1) Statutory Restriction
Cannot exclude from their negligence (faulty equipment for example)
2) Limitations in Practise
Not valid if they do not understand the risk
What is the case that shows that the 1984 act created unjust outcomes before it was made?
Addie V Dumbreck
What case was the landmark change in the evolution of care?
British Railboard V Herrington
When does an occupier owe a duty to trespassers? (3 points)
1) Awareness of danger
2) Knowledge of trespassers presence
3) Expectation of protection
Ratcliff V McConnel
What are the 3 defences for occupiers in the 1984 Act?
1 ~ Contributory Negligence
2 ~ Consent
3 ~ Warning Notices
Why do exclusion causes not count in the 1984 act as a defence?
Because the trespasser is already a criminal
What is a remedy for the 1957 act?
Compensation coverage covers personal injury and damage to property
What is a remedy for the 1984 act?
Compensation coverage covers personal injury only
What are the two restrictions on exclusion causes?
Statutory restriction, which means a trader cannot exclude or restrict liability for death or injury, and limitations in practice which is where even if there is an exclusion cause it may not be valid because the visitor cannot understand the risk.
