Occupiers liability

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  • occupiers liability
    • occupiers liability act 1957
      • under s2(1); occupier owes 'a common duty of care' to visitors
        • occupier, common law meaning; 'a person who has some degree of control over the premises in question
          • Wheat v Lacon
        • premises, s1(3)(a); 'fixed or moveable structure including any vessel, vehicle or aircraft
        • visitor, anyone invited or permitted to be on the land, may be expressed or implied
        • common duty of care, s2(2); 'duty to take such care as in all the circumstances the visitor is reasonably safe in using the premises for the purposes he is invited
          • only applies if the injury is due to the state of the premises and not the activities of the visitor
            • Darby v National Trust
          • Lord Scrutton; 'when you invite a person into your house to use the stairs you do not invite them to slide down the bannister
      • depends of whether the occupier has done or not done what a reasonable person would have done or not done
        • Martin v Middlesbroug council
      • Children
        • s2(3)(a); occupier must be prepared for children to be less careful than adults
        • rule on allurement
          • Glasgow Corporation 1922
        • Jolly v Sutton Council 1998
        • very young children should be under supervision of adults
          • Phipps v Rochester Corporation 1955
      • experts
        • s2(3)(b); occupier may expect a specialist visitor will be aware of and protect himself against risks within his own specialism
        • Role v Nathan
      • independent contractors
        • s2(4)(b);occupier not liable for loss suffered by visitors when the cause of damage is the negligence of an independent contractor hired by them
        • Woodward v Mayor of Hastings (1945)
        • Haseldine v Daw (1941)
        • 1; must be reasonable for the occupier to entrust the work to the IC
        • 2; occupier must have taken reasonable steps to see the IC was competant and the work done properly
      • defences
        • warning s2(4)
          • must be effective and sufficient for visitor to be reasonably safe
          • Role v Nathan
          • Cotton v Derbyshire Council
        • volenti non fit injuria - consent
          • Simms v Leigh RFC (1969)
        • exclusion clauses
        • contributory neglinece
          • courts have reduced damages if the visitor is partly to blame
            • Taylor (2016)
    • occupiers liability act 1984
      • s1(1)(a); duty is owed to persons other than visitors for injuries caused by a danger due to the state of the premises of things done or omitted to be done on them
        • Donoghue v Folkstone Properties (2003)
        • Tomlinson (2003)
        • Keown v Coventry NHS Trust (2006)
      • s1(3); occupier owes a duty to a non visitor if:
        • 3 stage test establishes if d owes a DOC to c
        • 1; he is aware of the danger or has reasonable grounds to believe it exists
        • 2; he knows or has reasonable grounds to believe someone is int he vicinity of the danger
        • 3; he can reasonably protect against the danger
        • Rhind v Astbury Water Park
      • s1(4); establishes if d has breached his duty
        • 'take such care as is reasonable in all the circumstances' to prevent injury to non-visitors
          • if he doesn't take such care he has breached his duty of care
        • the standard of care is an objective standard, the greater degree of risk the more precautions the occupier will have to take
      • defences
        • warnings s1(5)
          • occupier may discharge their duty by taking reasonable steps to give warning of the danger or discourage people
          • effective and sufficient
        • volenti non fit injuria - consent
        • contirbutory neglingece
          • law reform (contributory negligence) act 1945; c's damages will be reduced according to their own responsibility for the damage they have suffered

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