Law P2- Occupier's Liability 1984

    Cards (10)

    • an occupier owes a common duty of care to?

      non-visitors in respect of injury caused due to the state of the premises
    • occupier
      person in occupation or has control over the premises (Wheat v Lacon)
      the occupier and premises are the same as under OLA 1957
    • doc is on occupiers under s1(4)
      is to take such care as is reasonable in all circumstances to see a non-visitor does not suffer injury
    • duty on occupier only arises where
      occupier is aware of the danger (Rhind v Astbury Water Park)
    • secondly, the occupier must know
      others may come into the vicinity of danger (Higgs v Foster)
    • third- the risk is one occupier is reasonably...
      expected to offer protection against (Donoghue v Folkestone Properties)
    • occupier will not be liable if c is injured by?

      an obvious danger (Ratcliffe v McConnell)
    • occupier will not be liable if c's injury...

      was not caused by the state of the premises (Keown v Coventry Healthcare NHS)
    • occupiers liability is discharged if?

      taking such steps as are reasonable in all circumstances of the case to give an effective warning of the danger / discourage persons from incurring the risk
    • warning signs?
      must be clear and warn of the specific danger (Westwood v Post Office)
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