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Occupiers' Liability - Coggle Diagram

- - - - Pollock v Cahill- where occupier is aware of vulnerabilites/certain characteristics of the visitor, they should be prepared to guard against them
      - Children
        
        2(3)(a) an occupier must be prepared for children to be less careful than adults (Taylor v Glasgow City Council)
        
        Jolley v Sutton- where premises has attractive objects to children that are dangerous to be meddled with, must make the premises safe
        
        Phipps v Rochester- where reasonable, an occupier is entitled to expect a child to be under parental supervision
      - Workers
        
        S2(3)(b) can reasonably expect workers to guard against any special risks ordinarily incidental to their jobs (Roles v Nathan)
  - - - Tomlinson v Congleton- if specified purpose for entry, if go beyond that they can become a trespasser
      - Pearson v Coleman Bros- no sign, person was a visitor. Darby v National Trust- sign in car park saying no bathing in the pond, it close to the pond, and other information on the sign, not enough to turn them into a trespasser, still a visitor
      - Stone v Taffe & Other- can impose time limit if made clear to the visitor
    - - Lowery v Walker- D's land used as a shortcut for over 30 years and did nothing to prevent it, they had implied permission
      - Edwards v Railways Executive- when reasonable steps are taken to prevent trespassers, they will not have implied permission (repairing holes in fence etc
    - - S2(6) states some people have statutory right like police officers
      - S5(1) If a person is granted entry to premises under contract, there is an implied term of common duty of care
- - - - It must be reasonable to use the independent contractor, has the competency of the contractor been checked, check the work is properly done (subject to reasonableness)
        
        Checking work: Haseldine v Daw- satisfied (not expected to go technical checks on machinery: Woodward v Mayor of Hastings- not satisfied- easy to check an icy step