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Occupiers Liability (OLA 1957
Lawful visitors (Children (S2(3) occupier…
Occupiers Liability
Definitions
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Premises: 'fixed or movable structure including vessel, vehicle, and aircraft'
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Trespasser: Someone who has no permission to be on a premises, or who has exceeded given permission.
OLA 1957
Lawful visitors
- Invitees
- Licensees
- Those who enter pursuant to a contract
- Exercising a right conferred by law
S2(2): states that the occupier must keep visitors reasonably safe in using the premises for the purpose they were invited in for
Rochester Cathedral v Debell:
Claimant injured when he tripped over a broken fence post in the precincts of Rochester cathedral. Not more than an everyday risk.
Children
S2(3) occupier must be prepared for children to be less careful than adults, premises must be reasonably safe for a child of that age.
Where the child is very young, parents will be held responsible
Where there is an allurement, occupier will only be liable for damage that is forseeable.
Glasgow Corp v Taylor:
7 y/o child ate berries at Botanic Gardens of Glasgow, not fenced off, no warning signs, alluring to children.
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Independent Contractors
S2(4): Liability can be passed to contractor if they:
1) Acted reasonably in entrusting the contractor
2) Taken reasonable steps to ensure that the contractor was competent
3) Taken reasonable steps to inspect the work
Haseldine v Daw:
Hydraulic lift, engineers liable for not repacking it, not the landlord.
Defences
Warning notices
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If danger is obvious, no warning notices required.
Cotton v Derbyshire Dales CC:
Drunk man fell off a cliff, no obligation to warn him of an obvious risk.
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OLA 1984
Trespassers
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Defences
S1(5) Warning notices
Westwood v Post Office:
Post office injured entering an unlocked room w/ a warning notice of danger, D not liable
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