Occupiers' Liability Act 1957 Flashcards
What is occupiers’ liability?
Occupiers’ liability concerns the duty of care owed by property owners or those who lease property to those who visit
Who is an occupier?
Anyone who has control of land
In what case was the term occupier defined?
Wheat v Lacon
What is land/premises defined as?
Any fixed or moveable structure including a vessel, vehicle or aircraft
Under what section is land/premises defined?
Section 1(3)
What needs to be established to claim occupiers’ liability under the 1957 Act?
(There’s five)
- Was the claimant a lawful visitor?
- Has the Occupier satisfied their duty?
- Was the claimant a lawful child visitor?
- Was the claimant carrying out a trade?
- Was the claimant an independent contractor?
How is ‘lawful visitor’ defined?
invitee
liscencee
contractual permission
statutory right
What section defines a ‘lawful visitor’?
Section 2(1)
What is stated in Section 2(2)?
The occupier must take reasonable care to ensure that visitors are reasonably safe whilst on the premises for the purpose that they are there for
What was established in Laverton v Kiapasha Takeaway?
Premises don’t need to be completely safe, occupiers just need to take reasonable care
What was established in Dean of Rochester Cathedral v Debell?
Minor defects are not sufficient enough to impose a duty. There must be a source of danger
What is stated in Section 2 (3) (a)?
The occupier must be prepared for children to be less safe than adults and the premises must be safe for a child that age
What was established in Glasgow Corporation v Taylor?
Anything that is an attraction to children should be protected against
What was established in Phipps v Rochester Corporation?
Children should be under adult supervision
What is stated in Section 2 (3) (b)?
The occupier can expect a tradesman to guard against any risks ordinary to the incident, which they should be expected to know about
