Occupiers Liabiltu Flashcards
(20 cards)
Elements for occupiers liability
1) who is an occupier
2) premises
3) lawful visitor
4) duty owed to lawful visitor/ trespasser
Wheat V lacon
Someone who has control over the premises
Section that defined premises
Section 1(3)(a) = fixed or moveable structure including any vessel vehicle and aircraft
The Calgarth occupiers liability
A lawful visitor exceeds their permission can become a trespasser
What is duty owed to a law visitor
Visitor must be reasonably safe in the premises
Laverton v takeaway
Care need to be reasonable and not complete
Glasgow v Taylor
Higher standard of care for children
Phipps v Rochester
Really young children should be supervised
Roles v Nathan
A worker will guard against any special risks so long as the occupier allows him to do so
Elements for independent contractors
1) work was checked
2) competent contractor chosen
Hazeldine v daw
Occupier wasn’t liable contractor was
Bottomley v cricket club
Didn’t hire competent person
Woodward v mayor of Hastings
Work was too complex to check so not liable
Defences for 1957
1) volenti
2) contributory negligence
3) exclusion clauses
4) Warning notices
Staples v district council
You do not need a notice for obvious risk
Rae v mars
Warning wasn’t enough
Duty owed under 1984 (duty breached if)
1) occupier is aware of danger
2) vicinity of danger
3) expected to protect the other person against risk
Keown V NHS trust
If property isn’t dangerous they do not need to protect against danger that arises
Rhind v water park
You do not need to fins hidden dangers
Defences 1984
Same just no exclusion clauses
