Tort Law - Occupiers Liability - Flashcards in A Level and IB Law

What are the two legislations?

Occupiers Liability Act 1957 - lawful visitors

Occupiers Liability Act 1984 - non lawful visitors

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What is classed as lawful visitors?

S1(2) OLA 1957 - invitees or licencees
S.5(1) OLA 1957 - those who enter pursuant to a contract
S.2(6) OLA 1957 - persons who enter in exercise of a right conferred by law

license may be implied in common law:

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Implied license at common law

What happened in the case of Lowery v Walker 1911 AC 10?

claimant injured by horse when using short cut across d field, land had been used as short cut for years and owner had taken no steps to prevent people coming onto land even though d knew horse was dangerous. D was liable, whilst claimant did not express

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Implied license at common law

What happened in the case of Edwards v Railway Executive 1952 AC 737?

spot on railway used as short cut on a regular basis, fence was repaired on several occasions, whenever it was reported it was repaired, had been beaten down with people wishing to use railway as a short cut, witness testimony was to the effect that fence

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Allurement Principle

What happened in the case of Glasgow Corp v Taylor 1922 1AC 44?

defendant owned the Botanic Gardens of Glasgow, open to public, in park various botanic plants and shrubs grew, boy of 7 ate berries from one of the shrubs, berries were poisonous and boy died. Corporation was liable, children entitled to be on land so be

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Allurement Principle

What happened in the case of Tomlinson v Congleton 2003 2 WLR 1120?

d owened Brereton Heath Country Park, previously a sand quarry made into country park, d created a lake swimming was not permitted, there were notes to say that, but many people swam in the lake, employed rangers but people were mean to them, claimant inj

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Non lawful visitors

Trespassers

What is section 2 (2)?

if person exceeds permission ie uses premises for different purpose for which invited or goes in to parts of premises to which was not invited

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Those who are neither lawful nor non lawful visitors

Those exercising a public right of way

What happened in the case of McGeown v Northern Ireland 1994 3 ALL ER 53?

claimant was injured when tripped down a hold on land owned by defendant, land was public right of way it was held that defendant was not liable as claimant was not a lawful visitor under the Occupiers Liability Act 1957 as she was exercising a public rig

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Those who are neither lawful nor non lawful visitors

Those exercising a private right of way

What happened in the case of Holden v White 1987 QB 380?

claimant was a milkman, injured on defendants land by manhole that broken when stepped on it, he was delivering milk to house of third party who had right of way across d land, held that he was not entitled to claim against d since he was exercising a rig

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Occupiers

Need not be in physical occupation

What happened in the case of Harris v Birkenhead Corperation 1976 1 ALL ER 341?

claimant Julie Harris 4 years old, wandered off from park they entered a derelict house due for demolition, Julie sustained serious injury when she fell from a window, house subject to compulsory purchase order and tenant received alternate accomodation,

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Occupiers

The test is one of occupational control

What happened in the case of Wheat v Lacon 1966 1 ALL ER 582?

claimant and family stayed at public house, Golfers Arms in Great Yarmouth for holiday, husband fell down stairs and hit his head, stairs steep and narrow, handrail not there and light not either, claimant brought action under OLA 1957, both occupiers of

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Occupiers Liability Act 1957 - Scope

What is the S.1(3)(a) OLA 1957?

Protected damage

the Act applies not only to land and buildings but also to fixed and moveable structures, including any vessel, vehicle or aircraft

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What does the 1957 Act cover?

covers death, personal injury and property damage

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Occupiers Liability Act 1957

The Common Duty of Care

What is the s.2(2) OLA 1957?

" a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted to be there"

The standard of care will vary on th

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Occupiers Liability Act 1957

Children

What is the s.2(3)(a) OLA 1957?

An occupier must be prepared for children to be less careful than adults. Therefore, if an occupier admits children to the premises the child visitor must be reasonably safe.

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Occupiers Liability Act 1957
Children
S.2(3)(a) OLA 1957

What case was included for this part?

Glasgow Corp v Taylor 1922 1 AC 44

poisonous berries

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Occupiers liability act 1957
Children

What happened in the case of Phipps v Rochester Corp 1955 1 ALL ER 129?

5 year old boy walking across open ground with his 7 year old sister, he was not accompanied by adult, he was injured when fell into trench, coperation not held liable as occupier entitled to assume that prudent parents would not allow their children to g

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Occupiers Liability Act 1957
Children

What happened in the case of Titchener v BRB 1983 3 ALL ER 770?

claimant a 15 year old girl walking with her boyfriend who was 16, took a shortcut on railway line, both hit by train, he was killed and she was seriously injured, there were repeat trespassers, d raised defense of volenti under section2 of OLA, scope of

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Occupiers Liability Act 1957
Children

What happened in the case of Jolley v Sutton LBC 2000 3 ALL ER 409?

2 14 year old boys found abandoned boat on land owned by council and decided to do it up, boat was rotten and dangerous, notice on it but owner didnt come back and council did not take it away. Boys working on it 6-7 weeks when one of them suffered severe

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Occupiers Liability Act 1957
Common calling

What is s.2(3)(b) OLA 1957?

"An occupier may expect that a person, in the exercise of his calling, will appreciate and guard against any special risks ordinarily incident to it, so far as the occupier leaves him free to do so"

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Occupiers liability act 1957
Common Calling
s.2(3)(b) OLA 1957

What happened in the case of Roles v Nathan 1963 2 ALL ER 908?

Donald and Joseph Roles were engaged as chimney sweeps to clean the flues, flues had become dangerous due to carbon dioxide emissions heating engineer warned of danger they did not listen and argued with him, the next day brothers found dead, widows broug

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Occupiers liability act 1957
Common Calling
s.2(3)(b) OLA 1957

What happened in the case of Salmon v Seafarer restaurants 1938 3 ALL ER 729?

d owned fish and chip shop, he left the chip fryer on closed the shop, caused a fire, fire services called, claimant was a fire man and injured in explosion whilst fighting the fire, been thrown to the ground, d sought to escaper liability invoking sectio

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Occupiers liability act 1957
Common calling
s.2(3)(b) OLA 1957

What happened in the case of OGWO v Taylor 1987 3 ALL ER 961?

d attempted to bum off paint from fascia boards beneath eaves of house with blow lamps and set fire to premises, fire brigade called, claimant and colleague entered house with normal protective clothing, heat within the roof was intense, claimant suffered

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Occupiers liability act 1957

Warnings

What is s.2(4)(a)?

"Where damage is caused to a visitor by a danger of which he had been warned by the occupier, the warning is not to be treated without more, as absolving the occupier from liability, unless in all circumstances, it was enough to enable the visitor to be r

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Occupiers liability act 1957

Warnings

s.2(4)(a)

what cases are involved in this section?

Roles v Nathan 1963 2 ALL ER 908

White v Blackmore 1972 3 ALL ER 158

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Occupiers liability act 1957

Warnings

s.2(4)(a)

What happened in White v Blackmore 1972 3 ALL ER 158?

Mr W killed in jalopy car race due to negligence in way of safety ropes were set up, car crashed about 1/3 of a mile from place where he was standing, he catapulted 20ft in air and died, he was a driver in race but was stood with fam, there was warning si

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Occupiers liability act 1957

Independant contractors

What is s.2(4)(b)?

"where a danger is caused to a visitor by a danger due to the faulty execution of any work of construction, maintenance or repair by independant contractor employed by occupier, it is not answerable for danger if in all circumstances acted reasonably in e

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Independant contractors

What happened in the case of Haseldiine v Daw & Son 1941?

Claimed killed when cable in lift broke, life had been installed and maintained by contractor, occupier was not liable as it was reasonable to contract the work out as it was highly specified area

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Independant contractors

What happened in the case of Bottomley v Todmore 2003?

cricket club hired a contractor to do fireworks display, team contracted chose not to use traditional fireworks but instead used gun powder, petrol and propane guns. Person carrying display was amateur without experience of pyrotechnics, had no insurance.

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Occupiers liability act 1984

What is s.1(1)(a) OLA 1984?

a common duty of care is owed by the occupiers of premises

The duty is owed to persons "other than visitors"

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Occupiers liability act 1984

What is the protect damage section act?

protected damage

s.1(8) OLA 1984
Covers personal injury and death only - not property damage

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Occupiers liability act 1984 - circumstances giving rise to a duty

What is section 1(3)?

Provides that duty will be owed by occupier if:
a-he is aware of danger or has reasonable grounds to believe that is exists
b-he knows or has reasonable grounds to believe that other is in vicinity of danger concerned or he may come into vicinity of dange

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What is the case for occupiers liability act 1984 s.1(3)?

Tomlinson v congleton 2003 2 WLR 1120

"some protection not reasonable protection"

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S.1(3) OLA 1984

What is s1(3)?

must be determined having regard to the circumstances prevailing at the time the alleged breach of duty resulted in injury to claimants

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S.1(3) OLA 1984

What happened in the case of Donoghue v Folkestone Properties Ltd 2003 EWCAC iv 231?

Mr D claimant spent boxing day evening in public house, intention for him and friends to go midnight swimming in sea, in haste to get in water he dived from slipway owned by defendant and struck head on obstruction breaking neck. it had been used by other

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Occupiers liability act 1984

Standard of duty

What is s.1(4) OLA 1984?

Name a case involved?

"the duty is to take such care as is reasonable in all the circumstances of the case to see that the non visitor does not suffer injury on premises by reason of the danger concerned"

McGinlay v BRB 1983 1 WLR 1427

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Occupiers liability act 1984

Standard of care

What happened in the case of Revill v Newbury 1996 1 ALL ER 291?

76 year old man owned allotment with a shed where he kept valuable items, shed was subject to frequent break ins, Mr Revil (21) broke in with friend at 2am, Mr N awoke and picked up shot gun and fired it through hole in the door, shot Mr Revil both were p

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Occupiers liability act 1984

Standard of care

What happened in the case of Ratcliff v McConnell, Ors and Harper Adams College 1999 1 WLR 670?

claimant student at college, been out drinking with friends on campus and decided to go for a swim in college pool, pool had notice saying prohibited to enter, boys did not see signs and all jumped in, one sustained a broken neck and permenant paralysis,

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Occupiers liability act 1984

Warning

What is s.1(5) OLA 1984?

"the duty can be discharged by taking steps to warn of the danger concerned or to discourage persons from incurring the risk"

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Occupiers liability act 1984
Warning
S.1(5) OLA 1984

What happened in the case of Darby v National trust 2001 EWCA Civ 189?

claimants husband drowned in pond owned by National Trust, pond was one of 5 ponds, 2 ponds used for fishing and NT taken steps to prevent them being used for swimming, not done anything for them using the ponds, he was paddling with his children and swam

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Tort Law - Occupiers Liability

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