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occupiers' liability - Coggle Diagram
occupiers' liability
OLA 1957 [LAWFUL VISITORS] - A lawful visitor under the 1957 Act can become a trespasser when they go beyond their permission.
s.2(1) - “An occupier owes the same duty of care, the common duty of care, to all his visitors…”
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s.2(2) - He must “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 by the occupier to be there”
Cole v Davis Gilbert - premises only need to be reasonably safe
- Cole caught her foot in a hole in the ground in Village Green at night due to ground subsidiary, she sued DG but the court said no
The Calgarth - Scrutton LJ said “When I invite you to use the stairs in my house, I am not inviting you to slide down the bannister.” - exceeding permission = trespassing, duty of care no longer applies
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s.2(3)(b) - “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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Roles v Nathan - A boiler and chimney cleaning specialist company Left the boilers running instead of turning them off and venting them in a factory, died of carbon monoxide poisoning inside the boilers, their wives sued the factory, the court said that the husbands who were “experts” - had the calling, should have known that the boilers running would cause this, and they were even persuaded by the factory owners to turn them off but they resisted
s.2(4)(a) - any warning must be enough in all the circumstances “to enable the visitor to be reasonably safe”
this means: the warning must be seen by visitors, It must be capable of being understood by visitors, A warning alone may not be sufficient
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Staples v Dorset - Climbed onto a wet/algae-filled wall from the seaside, he fell and hurt himself and sues Dorest council for not having protected him
s.1(3)a - premises - “Any fixed or moveable structure, including any vehicle, vessel and aircraft…”
occupiers:
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Holders of other legal rights to the premises, eg tenants
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