Flashcards in Occupiers liability Deck (19)
Someone who has sufficient control over the premises” Wheat v Lacon
Define “visitor”, which Act?
A visitor is anyone with express or implied permission to be on the property. Occupiers Liability Act 1957
Loss by the visitor must have been caused by what for a claim under occupiers liability?
The state of the premises s1(3)a
What is the duty of care for visitors?
The duty of care is to “take such care as is reasonable to see that the visitor is reasonably safe in using the premises”
How can the duty be discharged where contractors are concerned?
1. The work was construction, maintenance or repair
2. It was reasonable to expect the contractor to carry out the task
3. Reasonable care was taken to check the contractors work
Which two cases contrast on delegation to contractors?
Hazeldine v Daw- Reasonable steps were taken but the work was too complex. No liability for occupier
Woodward v Mayor of Hastings- No reasonable steps were taken to check contractors work- liability incurred
Children may be allured by dangerous things, raising the standard of care they are entitled to
Glasgow Corporation v Taylor
Especially young children should be supervised
Phipps v Rochester Corporation
What is the rule for warning signs?
S2(4)of the Occupiers liability Act provides that if signs are specific enough, the standard of care is met
When can liability be excluded?
If there is a clearly worded notice veering the loss, which is reasonable under UCTA (White v Blackmore)
In what year was the OLA covering trespassers?
When does a duty exist under OLA 1984?
1. When the occupier is aware of the danger
2., When the occupier has reasonable grounds to believe a person is in the vicinity of the danger
3. When the risk is one that the occupier may be expected to protect against
Donoghue v Folkstone Properties
No liability. The occupier had no grounds to believe that people would swim off Folkstone harbour at night
Rhine v Astbury
The occupier had no grounds to believe there was an obstroction in the lake
A duty will still be owed if the trespasser was on the land for criminal purpose
Revill v Newbery
What is the standard of are under the OLA 1984?
"Such care as is reasonable in the circumstances"
In what case did the HoL end a "litigation culture" regarding trespass and quadriplegia?
Tomlinson v Congleton
Skilled claimants can be expected to guard against defects relevant to their calling
Roles v Nathan