Occupiers Liability Act 1957 Flashcards

1
Q

WHAT THE ACT STATES

A
  1. A COMMON DUTY OF CARE IS OFFERED TO ALL LAWFUL VISITORS (S2)(1)
  2. THE DUTY IS TO ENSURE THAT THE VISITOR IS SAFE FOR THE PURPOSES OF THE VISIT (S2)(1)
  3. AN OCCUPIER MUST TAKE EXTRA CARE FOR CHILDREN, WHO ARE LESS CAREFUL THAN ADULTS & NOT PUT EXTRA DANGER/ ALLUREMENTS IN THEIR PATH
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2
Q

WHEAT v LACON

A

FACTS: visitor fell down stairs and died.

LAW: occupier is person with control over the premises

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3
Q

LAVERTON v KIAPASHA TAKEAWAY SUPREME

A

FACTS: customer injured in shop

LAW: premises do not have to be 100% safe if the right precautions have been taken

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4
Q

GLASGOW CORP v TAYLOR

A

FACTS: child poisoned by eating berries off a bush in a park

LAW: occupier has to protect child visitors from allurements

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5
Q

PHIPPS V ROCHESTER CORP

A

FACTS: young child injured after falling in a trench

LAW: occupier can expect parents to supervise young children

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6
Q

JOLLEY V SUTTON LBC

A

FACTS: teen injured while playing with boat on council land

LAW: occupier is liable as teens actions are reasonably foreseeable

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7
Q

ROLES V NATHAN

A

FACTS: chimney sweeps killed working in industrial chimney

LAW: occupier can expect workmen to guard against risks that are incidental to their work

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