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Occupiers liability - Coggle Diagram
Occupiers liability
Occupiars liability 1957-Lawful visitors
Breach of duty
Section 2(2) DUTY OF CARE if to take reasonable care to keep visitors safe for the purposes for which the visitor is permitted.
Section 2(3)(a) higher standard of care must be afforded to CHILDREN:
children are more at risk - Moloney v Lambeth BC
children and allurements - Glasgow Corporation v Taylor
parents and their expectation to supervise - Phipps v Rochester
A lawful visitor may be an invitee, a licensee or someone with a contractual or legal right to enter; an unlawful visitor is everyone else
Section 1(3) premises includes land, buildings and any fixed or movable structure and is broadly defined
An occupier is someone in control of the premises -Wheat v Lacon
Occupiers liability-Section 1(1): Damage arising from the state of the premises or things done or omitted to be done on them
State that liability arises from OLA 1957 for lawful visitors
Defences
s2(5) volenti/consent
s2(3) contributory negligence
Remedies:
damages for personal injury, property damage and consequential losses
Additional note:
Remember a lawful visitor may become a trespasser by exceeding the proper limits of his visit - Tomlinson v Congleton, the Calgarth
Occupier can prevent breach of duty-
Section 2(4)(b) - if damage caused by negligent work of an independent contractor
-a competent contractor was chosen (due diligence) and
-the work was inspected if appropriate Haseltine v Daw
-only if it was reasonable to hire the contractor
Section 2(4)(a) - if a warning does enough in the circumstances to comply with the duty Rae v Mars Ltd
Section 2(3)(b) - specialist visitors, expected to guard against risks associated with the trade - Roles v Nathan
Section 2(1) use of exclusion clauses in certain circumstances – but subject to UCTA rules
Occupiars liability 1984-Trespassers
Section 1(4): DUTY OF CARE is to take such care as is reasonable in all the circumstances to see that the trespasser does not suffer injury on the premises because of the danger
Addie v Dumbreck, BRB v Herrington
Breach of Duty:
Lesser duty of care owed to keep the unlawful visitor free from injury:
A DUTY ARISES if: (PROVE ALL THREE)
Section 1(3) -
s1(3)(a) D was aware of the danger or reasonably expects it exists
s.1(3)(b) D knows or has reasonable grounds to believe the trespasser is in or may come into the vicinity - Swain v Natui Ram Puri
s.1(3)(c) The risk is one the occupier is reasonably expected to provide protection from - Tomlinson v Congleton BC
Section 1(2) premises includes land, buildings and any fixed or movable structure and is broadly defined
An occupier is someone in control of the premises Wheat v Lacon
Occupiers’ liability-Section 1(1)(a):Damage arising from the state of the premises or things done or omitted to be done to them State that liability arises from OLA 1984 for unlawful visitors
Avoiding liability:
s1(5) a warning sign may be effective to discharge liability - Westwood v Post Office
Defences:
s1(6) volenti/consent
contributory negligence
Remedies: damages available for:
s1(9) death
s1(8) no liability for damage to property
s1(1) personal injury
Additional notes:
An occupier is liable for foreseeable harm even if the precise damage or the precise circumstances in which the harm occurs are not foreseeable - Jolley v London Borough of Sutton