Occupiers Liability Act 1957 Flashcards
(17 cards)
What is occupiers’ liability?
The duty of care occupiers owe to people who come onto their land or premises.
What does the Occupiers’ Liability Act 1957 deal with?
The duty of care owed to lawful visitors.
What are the key elements that will need to be considered for a successful claim under the 1957 act?
Premises
Occupier
Lawful visitors
Common duty of care
What is an occupier?
Someone who has control over the premises.
What case involves occupiers?
Wheat v Lacon where both the owner and manager were occupiers so had a duty of care.
What are premises?
Land, buildings or moveable structures.
Who counts as a lawful visitor?
Invitees (customers)
Licensees (friends)
Those with legal rights (postmen)
What are the 2 types of permission for lawful visitors?
Express and implied.
What is express permission?
Permission clearly given by the occupier.
What are the different ways permission can be implied?
Repeated visits
Doctrine of allurement
Entry to communicate
Statute
What case is used for repeated visits/implied permission?
Lowrey v Walker where the occupier tolerated the use of the land.
What is the doctrine of allurement?
Occupiers will be liable if a child is attracted to something dangerous and gets injured.
What case can be used for doctrine of allurement?
Glasgow Corporation v Taylor where poisonous berries were an allurement to children.
What are defences under the Occupiers’ Liability Act 1957?
Warnings
Consent
Contributory negligence
How do warnings relate to occupiers’ liability?
A warning sign may discharge the duty, but only if it makes the visitor reasonably safe.
When is an occupier not liable for the work of an independent contractor?
If:
They took reasonable steps to ensure the contractor was competent
The work was properly done
What is contributory negligence?
When the visitor is partly to blame for their own injury.
