occupiers liability lawful visitors

View mindmap
  • occupiers liability- the legal responsibility of an occupier for damage caused by the state of the premises
    • 1. d must be an occupier
      • wheat v lacon- where a person has a sufficient degree of control over premises they will be an occupier
    • 2.d must be an occupier of 'premises'
      • s1(3)(a) 1957- land and buildings, as well as a fixed or movable structure, including any vessels, vehicles or aircrafts
        • liability is based on occupancy duties- Ferguson v welsh - later on confirmed in Fairchild v glenhaven
    • 3.lawful visitor or trespasser?
      • tresspasser is someone that exceeded their permission or someone with no permission
    • 4.when is duty owed? an occupier of premises owes the same duty, the common duty of care, to all his visitors
    • 5.what is the duty owed? s2(2) says that occupiers have a duty towards taking care as its reasonable to make the visitors reasonably safe.
      • Laverton v kiapasha takeaway supreme- only have to make the premises reasonably safe
      • dean and chapter of Rochester cathedral v debell- tripping and slipping are everyday occurrences, no occupier can possibly ensure that all areas are kept in perfect condition.
      • s2(3)(a)- an occupier must be prepared for children to be less careful than adults, the premises must be reasonably safe for a child of that age.
        • glasgow corporation v Taylor- allurements should be fenced away or have warning signs around them
        • Phipps v rochester corporation- d is entitled to assume that parents will not let young children go to clearly unsafe places unaccompanied
      • s2(3)(b)- professionals should understand the risks of their work
        • roles v Nathan- workmen should be aware of the risks
      • identified risks only- Clare v Perry
      • S2(1)- liability may be excluded  via signs and tickets in a contract
      • s65 consumer rights act 2015- buusiness cannot exclude liability under OLA 57 for p.i or death
      • warnings- s2(4)(a)- warning that in all circumstances, would enable visitors to be reasonably safe- rae v mars
        • Darby v national trust
      • s14- business premises
        • s2(1)- death/personal injury
        • s2(2)- property loss/damage
      • s3(1) ola 57-cotractual entrants
    • work done by independent  contractors- s2(4)(b)
      • halsedine v daw- reasonable to give the work to an independent contractor
      • bottomless v todmorden cricket club- d made sure the contractor hired is competent to carry out the task
      • woodward v mayor of Hastings- occupier must take reasonable steps to check the work has been done properly
      • thomson v cremin and others


No comments have yet been made

Similar Law resources:

See all Law resources »See all Law of Tort resources »