Occupiers Liability

Pregunta	Respuesta
What is the case that establishes who is an occupier?	Wheat v E.Lacon & Co Ltd 1966
What did Lord Denning establish in Wheat v E Lacon & Co Ltd?	An occupier is "where ever a person has sufficient degree and control over premises that he ought to realise that any failure on his part to use care may result in injury to a person..."
What is the definition of a visitor and what is the section?	Section 1 (2) Occupiers Liability Act 1957 A visitor is where the person has been given permission to be on the occupiers premises -the occupier has invited the C -the occupier has given permission -the occupier treats the C like they have permission
What was established in the case of The Calgarth 1927?	The scope of the permission given to a visitor on the occupiers premises may be limited.
Can a visitors permission be revoked?	Yes.
What is section 2 (1) of the Occupiers Liability Act 1957?	Duty of care for visitors - An occupier of premesis owes the same duty, "the common duty of care", to all his visitors, except in so far he is free to and does extend, restrict, modify, or exclude his duty to any visitor or visitors by agreement or otherwise.
What is Section 2 (2) of the Occupiers Liability Act 1957?	The occupier needs to ensure that there is a duty of care that the visitor will be reasonably safe.
What was established in Cunningham v Reading football Club 1992?	Occupier can be liable for the dangerous state of their premises
What case established that the occupier can be liable for the dangerous state of their premises?	Cunningham v Reading Football Club 1992
What was established and what happened in Ferguson v Welsh 1987?	Building collapsed after the council employed cow boy builders, it was held that it was not the councils fault but the builders. This case established the legal principle that an occupier can also be liable for injury caused to a visitor where the occupiers premises themselves are in a dangerous state as a result of activities that have or are happening on the occupiers premises.
What case established that can occupier can be liable for injury caused to a visitor where the occupiers premises themselves are in a dangerous state as a result of activities that have and are happening on the occupiers premises?	Ferguson v Welsh 1987
What is the standard of care test?	Reasonable man with regard to all the circumstances
What is the question that needs to be asked regarding standard of care?	Did the occupier reach the standard of care?
What was established in the case of Simms v Leigh Rugby Football Club 1969?	Account must be taken of the usual factors that impact up on the standard of care the D is expected to reach. rugby player smashed into wall, it was held that the reasonable standard of care was used as the wall was a good distance away.
What case established that account must be taken of the usual factors that impact up on the standard of care that D is expected to reach?	Simms v Leigh Rugby Football Club 1969
What section regarding visitors states the standard of care of a child?	Section 2 (3) (a) OLA 1957 - occupier must be prepared for visitors who are children to be less careful than visitors who are adults.
What was established in Jolley v Sutton London Borough Council 2000?	Regarded standard of care of children - child meddled with boat, it was held that the council should have taken into account the reasonable standard of care for a child that they would meddle with the boat.
what case established that the council should have taken into account the reasonable child?	Jolley v Sutton London Borough Council 2000
What case other than Jolley established that the account of a reasonable child was not taken into account?	Perry v Butlins Holiday Work 1997
What section relates to the standard of care skilled visitors should apply?	section 2 (3) (b) OLA 1957 - occupiers not expected to protect skilled visitors who are working on the premises from risks ordinarily incidental to their calling
What case demonstrates the legal principle regarding standard of care of skilled visitors?	Roles v Nathan - chimney sweepers used old method to sweep chimneys and died of carbon monoxide poisoning. It was held as they were experts in this area the standard of care was lower as there were skilled visitors.
What section regards warnings to visitors?	Section 2 (4) (a) OLA 1957 - warning must be enough to keep visitors reasonably safe
what are the two cases regarding warnings to visitors?	Staples v West Dorset 1995 - moss covered rocks, it is considered that the reasonable person would know of this danger. Darby v National trust 2001 - park didnt have specific sign for the pond the husband went into, it was held this was irrelevant as he saw the other signs and he was free to not swim in the pond but he chose to.
What section regards faulty work and visitors?	Section 2 (4) (b) - if entrusted work to contractor and work properly done, the occupier should not be treated as answerable.
what case regards faulty work and visitors?	Alexandra v Freshwater properties- faulty door, land lord gave work to contractors, they couldn't do it straight away, he left it. It was held he was 25% liable, as he should have got it fixed straight away
What section and what is the defence and case regarding defences for claims from visitors?	Volenti - Section 2 (5) OLA 1957 - Grimes v Hawkins and Friley Park Hospital NHS Foundation Trust 2011- C hit head during pool party, he dived in a few times before therefore he knew how deep it was. It was held the occupier could have the defence of volenti, as the C voluntarily adapted the risk
what sections define when a duty is owed to a trespasser?	S 1 3 (a) OLA 1984 - the occupier is aware of the danger or has reasonable grounds it exists S 1 3 (b) OLA 1984- the occupier knows or has reasonable grounds to believe the trespasser is in the vicinity of the danger or will come into the vicinity of the danger S 1 3 c OLA 1984 - the risk is on that the occupier may reasonably be expected to offer the trespasser some protection
what was established in Tomlinson v Congleton Borough Council 2004?	established the duty of care questions regarding a trespasser - 1. did the occupier have knowledge or foresight of the danger? 2. did the occupier have knowledge or foresight of the trespasser? 3. the risk the trespasser was exposed to was one the occupier should have protected
what case established the rules regarding duty of care of a trespasser?	Tomlinson v Congleton Borough Council 2004
What is the case regarding that the trespasser can be a visitor but then a trespasser may exceeding the scope of their permission?	Geary v JD Weatherspoon 2011 - C slid down bannister and exceeded her permission
What are the rules regarding the standard of care towards a trespasser?	Have the actions of the occupier fallen below those expected of a reasonable man?
What section regards the standard of care for both trespasser and visitor?	Section 1 4 OLA 1957 - duty owed to take reasonable care, in all circumstances to ensure that the trespasser does not suffer personal injury S 1 (5) OLA 1957 - occupier has taken reasonable steps to bring the danger to the trespassers attention
What section and case regards the defence for occupier against the trespasser?	Section 1 (6) OLA 1984 - volenti Case - Geary v JD Weatherspoon PCC 2011 - it was stated by Coulston J that the C freely choose to do something dangerous - they made a genuine and informed choice
what was established by the judge in Geary v JD Weatherspoon PCC 2011?	Coulson J - the C freely chose to do something dangerous - they made a genuine and informed choice

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