Occupiers' Liability Flashcards
(13 cards)
When is occupiers’ liability relevant?
C suffered harm due to state of premises (not a natural + obvious danger)
Includes: open land / fixed or moveable structure / vessel / vehicle / aircraft
Who is an occupier for purposes of OLA?
Sufficient degree of control of premises
- tenant
- manager
- landlord over common parts
- contractor over area has control
Duty owed to visitors under OLA
Owed automatically
Common duty standard of care - visitors OLA
Duty to take such care as is reasonable to ensure premises are reasonably safe for purposes C is permitted to be there
If child: higher standard of care particularly if allurement. But if young child, then duty only to make safe enough for a child accompanied by a responsible parent
If contractor: lower standard of care as expected to guard against risks incidental to job
if vulnerable: if aware, steps to guard against vulnerability
When will a warning notice be sufficient to show occupier has not breached standard of care?
- Specific (warns of danger)
- Nature (if danger is hidden, should mention specific danger by name)
But if foreign, child may not be sufficient
When will an occupier not be in breach where injury results from faulty workmanship of a contractor?
- Reasonable to instruct a contractor
- steps taken to confirm contractor was competent
- took reasonable steps to satisfy themselves work was properly done (not liable if not discoverable / of a technical nature)
When will an ‘enter at own risk’ sign be sufficient to argue defence of consent?
- Notice makes visitor aware of precise nature of risk
- C shows by conduct willingly accepted risk
When will an exclusion notice be valid - OLA?
- Steps taken to brign notice to attention before tort committed
- covers loss suffered by C
- if business occupier: fair
if private: common humanity principle (not fiar if easy to guard against)
Invalid against contractor’s employees
When does an occupier owe a duty to a trespasser?
- D is aware of danger
- D is aware trespassers may be present at time of incident
- D could reasonably be expected to offer some protection against risk
- nature and extent of risk: if hidden / high risk then should offfer protection
- type of tresspasser: should if inadvertent / child
- cost of precaution: shoudl if low cost to offer precaution
Limitations to duty to trespassers
No duty for property damage
Standard of care - occupier to tresspasser
Take such care as is reasonable in the circumstances to see the trespasser does not suffer injury ono the premises by reason of the danger concerned
What will be a sufficient warning to discharge duty under OLA for a trespasser
Barrier may be sufficient
What defences are unavailable to occupier against a trespasser?
Illegality
Exclusion notice
