Occupiers Liability

Question 1

What was the main issue in Lowery v Walker [1911]?

Answer 1

Savage horse in field where short-cut was taken

Repeated visits made locals lawful visitors

Question 2

What legal principle was established in Jolley v Sutton London BC [2000]?

Answer 2

The doctrine of allurement affects children

A boat fell on a 14-year-old boy

Question 3

What was the outcome of Pearson v Coleman Bros [1948]?

Answer 3

Limit as to area was unclear which works in C’s favour

A little girl was mauled by a lion at the circus

Question 4

In Tomlinson v Congleton BC [2003], what action led to the claimant becoming a trespasser?

Answer 4

D ignored a sign forbidding swimming in lake

Question 5

What did Laverton v Kiapasha Takeaway [2002] establish about occupiers’ duties?

Answer 5

Occupier must keep the LV safe, not premises

Question 6

What key point was made in Wheat v Lacon [1966] HL?

Answer 6

A premises can have more than one occupier

Question 7

What was the ruling in Harris v Perry and Another [2008] regarding liability?

Answer 7

Occupier is only liable for reasonably foreseeable risks

Question 8

What incident occurred in Tedstone v Bourne Leisure [2008]?

Answer 8

C slipped on a pool of water that hadn’t gathered before

Question 9

What does the doctrine of allurement imply according to Glasgow Corporation v Taylor [1922]?

Answer 9

The occupier owes a higher standard of care when children investigate dangers that adults wouldn’t

Question 10

What was the outcome of Phipps v Rochester Corp [1955]?

Answer 10

5-year-old fell on waste ground

Question 11

What was the ruling in Bourne Leisure v Marsden [2009]?

Answer 11

2-year-old boy drowned in pond

Question 12

What can an occupier expect according to Roles v Nathan [1963]?

Answer 12

An expert working in his job to guard against risks ordinarily present

Question 13

What incident was involved in Ogwu v Taylor [1987] HL?

Answer 13

Fire started through careless use of a blowlamp

Question 14

What was significant about the warning in Woollins v British Celanese [1966]?

Answer 14

Occupier can discharge his DOC by giving an effective warning of the danger

Question 15

What resulted from Darby v National Trust [2001]?

Answer 15

Man drowned whilst swimming in pond

Question 16

What was determined in Haseldine v Daw [1941] regarding occupier liability?

Answer 16

Occupier not liable if LV is injured through the work of an IC

Question 17

What was the situation in Woodward v Mayor of Hastings [1944]?

Answer 17

Contractor hired to clear slippery school steps

Question 18

What incident led to the injury in Gwilliam v West Herts NHS [2002]?

Answer 18

C was injured after fall from a ‘splat wall’

Question 19

What principle was established in Brannon v Airtours [1999]?

Answer 19

Contributory neg. is where C falls below RM’s standard

Question 20

What does Geary v JD Weatherspoon [2011] suggest about consent?

Answer 20

LV can consent to the risk of D’s negligence

Question 21

What legal principle was applied in Ashdown v Samuel Williams [1957]?

Answer 21

Occupier can use exclusion clause on sign

Question 22

What was the outcome of Addie v Dumbreck [1929] regarding duty of care?

Answer 22

No DOC was owed to a child trespasser

Question 23

What was significant in Herrington v BRB [1972] regarding trespassers?

Answer 23

A DOC was owed to a child trespasser

Question 24

What did Keown v Coventry NHS Trust [2006] establish about claims?

Answer 24

Claim must come from dangerous state of premises

Question 25

What are the three criteria for DOC to trespassers according to S1(3) OLA 84?

Answer 25

Not specified in flashcards; refer to relevant legal texts

Question 26

What incident occurred in Higgs v Foster [2004]?

Answer 26

Police officer fell into inspection pit

Question 27

What was the outcome of Platt v Liverpool City Council [1997]?

Answer 27

No DOC towards an irresponsible minority

Question 28

What does S1(5) of OLA 84 allow regarding discharging duty of care?

Answer 28

D can take reasonable steps to discharge DOC

Question 29

What defense does OLA 84 allow as seen in Ratcliff v McConnell [1999]?

Answer 29

Allows the defense of consent

Question 30

What defense is applicable in Young v Kent County Council [2005]?

Answer 30

Allows the defense of contrib. negligence

Question 31

What does S1(3) of the Occupiers Liability Act 1957 define?

Answer 31

Defines premises for the purposes of occupiers’ liability ## Footnote This section clarifies what is considered 'premises' under the Act.

Question 32

According to S2(1) of the Occupiers Liability Act 1957, what does an occupier owe to their lawful visitor?

Answer 32

An occupier owes a duty of care (DOC) to their lawful visitor ## Footnote This establishes the legal responsibility of occupiers towards visitors.

Question 33

What is the duty of care (DOC) as per S2(2) of the Occupiers Liability Act 1957?

Answer 33

The DOC is to keep their lawful visitor reasonably safe, not the premises ## Footnote This emphasizes the focus on visitor safety rather than the condition of the premises.

Question 34

What higher standard of care is owed according to S2(3)(a) of the Occupiers Liability Act 1957?

Answer 34

A higher standard of care is owed to child visitors ## Footnote This reflects the special consideration given to the safety of children.

Question 35

What expectation is placed on an expert according to S2(3)(b) of the Occupiers Liability Act 1957?

Answer 35

An expert is expected to guard against risks associated with his calling ## Footnote This means professionals must take special care related to their expertise.

Question 36

How can an occupier discharge their duty of care according to S2(4)(a) of the Occupiers Liability Act 1957?

Answer 36

Through use of a warning sign ## Footnote This provides a way for occupiers to mitigate their liability.

Question 37

What is the defense available to an occupier under S2(4)(b) of the Occupiers Liability Act 1957?

Answer 37

Through the defense of independent contractor ## Footnote This allows occupiers to delegate certain responsibilities.

Question 38

What do 'occupier' and 'premises' mean according to S1(2) of the Occupiers Liability Act 1957?

Answer 38

'Occupier' and 'premises' mean the same as for OLA 57 ## Footnote This section clarifies the definitions used in the Act.

Question 39

What must the duty of care arise from according to S1(1) of the Occupiers Liability Act 1957?

Answer 39

The dangerous state of the premises ## Footnote This establishes the basis for a claim under the Act.

Question 40

Under what conditions is a duty of care owed as per S1(3)(a) of the Occupiers Liability Act 1957?

Answer 40

If D knows/ought reasonably to know that a danger exists ## Footnote This defines the knowledge requirement for occupiers.

Question 41

What does S1(3)(b) of the Occupiers Liability Act 1957 state regarding duty of care?

Answer 41

A DOC is owed if D knows/ought reasonably to know that someone is nearby the danger ## Footnote This highlights the responsibility to protect nearby individuals.

Question 42

What does S1(3)(c) of the Occupiers Liability Act 1957 specify about duty of care?

Answer 42

A DOC is owed if the danger is one which D ought reasonably be expected to protect against ## Footnote This indicates the expected foresight of the occupier.

Question 43

What is the standard of care according to S1(4) of the Occupiers Liability Act 1957?

Answer 43

The standard of care must be reasonable in all the circumstances to see that C is not injured by the danger ## Footnote This establishes the reasonableness standard for duty of care.

Question 44

How can an occupier discharge their duty of care again according to S1(5) of the Occupiers Liability Act 1957?

Answer 44

Through use of a warning sign ## Footnote This reiterates the importance of clear warnings for safety.

Question 45

What does S1(6) of the Occupiers Liability Act 1957 state about trespassers?

Answer 45

D owes no duty for risks willingly accepted by the trespasser (the defence of consent) ## Footnote This outlines the limitations of liability for trespassers.

Question 46

What types of claims can C make according to S1(8) of the Occupiers Liability Act 1957?

Answer 46

C can claim damages for death and personal injury but not for loss/damage to his property ## Footnote This specifies the scope of recoverable damages.