Occupiers Liability

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  • Occupiers Liability Act
    • 1957
      • Is there an occupier, visitor and premises?
        • Occupier - not defined but guidance under Wheat v Lacon
          • Doesn't need to be on the property - Harris v Birkenhead corp
          • Can be manager or business proprietor
        • Visitor- s.2
          • can be invitees, licensees, have contractual permission etc
        • Premises - s.1(3) Any fixed or moveable structure
      • Has the D breached his duty as an occupier?
        • Duty to children s.2(3a)- Occupier should prepare for children to take less care than adults and not place any danger in their path
          • Glasgow v Taylor- can be liable if aware of allurement
          • Phipps v Rochester Corp- parents should watch children
        • Take precaution to keep visitor reasonably safe but no more than that
          • Laverton v Kiapasha Takeaway
          • Dean chapter of rochester cathedral v debell
          • Not liable for pure accidents- Cole v British Legion
        • Liability to tradesmen- s.2(3b) owe common duty but the tradesman should appreciate and guard against any risks
          • Roles v Nathan
          • 3 stage test
            • Reasonable to give to contractor- Haseldine v Dawson
            • Contractor is competant- Bottomley v todmorden
            • Checked work done- Woodward v Mayor of hastings
    • 1984
      • For trespassers/ visitors who have exceeded their permission
        • 3 stage
          • Aware of danger
          • Aware C in vicinity of danger
          • Able to offer some protection
        • Only claim for personal injury
      • Originally no duty owed- Addie v Dumbreck
      • British railway board v herrington - suggested duty of common humanity
      • Usually do not find the occupier liable
        • Donoghue v Folkestone; Congleton v Tomlinson

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