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Occupiers liability 1957 (Lawful visitors) - Coggle Diagram
Occupiers liability 1957 (Lawful visitors)
S1(1)(a) An occupier of premises owes a common duty of care to visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them
Premises
Buildings, houses or land
Includes a person occupying or controlling "any fixed or moveable structure, including any vehicle, vessel or aircraft"
Wheat v Lacon
Occupier
If a person has a sufficient degree of control
over the premises it is enough to make them
an occupier
Wheat v Lacon
Lawful visitor
Not defined by the act
Anyone on the premises with the occupiers permission (express or implied)
Implied
Repeated visits
Lowery v Walker
Doctrine of allurement
Jolley v Sutton LBC
Entry to communicate
Robson v Hallett
Statutory
S2(6) OLA 1957
Common duty of care
Duty to take reasonable care
It is the visitor that should be kept
safe, not the property
S2(2)
Warning signs
When a visitor is damaged by a danger
which was warned, this will not
completely absolve the occupier of
liability, unless it was enough in all
circumstances to make them
reasonably safe (express or implied)
S2(4)(b)
Children
An occupier must be prepared
for children to be less careful than adults
S2(3)(a)
Specialist visitors
An occupier may expect
that a specialist visitor will be aware of
and protect himself against risks within
his own specialism
S2(3)(b)
Causation must also be established