Occupiers liability - lawful visitors
- Created by: __Jess
- Created on: 29-11-22 19:56
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- Occupiers liability - lawful visitors
- Duty of care
- Take such care that the visitor will be reasonably safe using the premises for which he is invited to be there
- Laverton v Kiapasha Takeaway Supreme
- Danger must be foreseeable
- Dean and Chapter of Rochester Cathedral v Debell
- Doesn't extend to pure accidents
- Cole v Davis-Gilbert
- Take such care that the visitor will be reasonably safe using the premises for which he is invited to be there
- Lawful adult visitors
- Invitees
- Anyone invited to enter
- Licensees
- Anyone with permission to be there for a particular period
- Those with contractual permission
- Eg. A person with a ticket to an event
- Those with a statutory right to enter
- Eg. Police with warrants
- Invitees
- Liability for children
- Occupier must be prepared for children to be less careful than adults
- Occupier not liable if child should have been supervised
- Phipps v Rochester Corporation
- Glasgow Corporation v Taylor
- Occupier should guard against allurements
- Jolley v London Borough of Sutton
- Occupier not liable if child should have been supervised
- Occupier must be prepared for children to be less careful than adults
- Liability for tradesmen
- Tradesmen should guard against any special risks related to his trade
- Roles v Nathan
- Tradesmen should guard against any special risks related to his trade
- Liability for independent contractors
- Must be reasonable for the occupier to give work to the contractor
- Hasedine v Daw and Son
- Contractor must be competent and insured
- Bottomley v Todmorden Cricket Club
- Occupier must check to make sure work is done properly
- Woodward v Mayor of Hastings
- Must be reasonable for the occupier to give work to the contractor
- Duty of care
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