Occupiers liability
- Created by: alexstrapps
- Created on: 08-05-19 10:19
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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
- only applies if the injury is due to the state of the premises and not the activities of the visitor
- occupier, common law meaning; 'a person who has some degree of control over the premises in question
- 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)
- courts have reduced damages if the visitor is partly to blame
- warning s2(4)
- under s2(1); occupier owes 'a common duty of care' to visitors
- 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
- 'take such care as is reasonable in all the circumstances' to prevent injury to non-visitors
- 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
- warnings s1(5)
- 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
- occupiers liability act 1957
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