1957

• 1).Define occupier- someone who has control over a premises wheat v lacon
• 2). Premises

  Includes land, buildings, houses as well as

  vehicles and fixed or moveable structures, e.g.

  lifts, ladders, bouncy castles
• 3). Define lawful visitor Someone who has express or implied permission to enter premises, and those with a

  contractual or legal right to enter

  ● Visitors may claim for personal injury and damage to property arising from state of premises
• 4). s.2(2) Common duty of care

  ● A duty take such care as is reasonable in the circumstances to keep the visitor reasonably safe

  for the purpose of their visit

  ○ Laverton v Kiapasha Takeaway (mopping and wet floor signs were sufficient to

  discharge duty)
• 4). s.2(3)(a) Child visitors

  ● Occupier must be prepared for children to be less careful than adults

  Phipps v Rochester Corporation (5-year-old playing unaccompanied)
• 4). s.2(3)(b) Professional/skilled visitors

  ● Occupier can expect tradespersons to guard against special risks associated with their job

  ○ Roles v Nathan (chimney sweeps inhaled poisonous fumes)
• 5). Defences to a claim by a lawful visitor

  ● s.2(4)(a) Warning notices

  ○ Must give effective warning of danger and enable visitor to be reasonably safe

  ■ Rae v Marrs (sign couldn’t be seen in dark)
• 5). defences

  ○ Obvious dangers do not require a warning sign

  ■ Staples v West Dorset (algae-covered rocks)
• 5). defences

  ● s.2(4)(b) Danger created by an independent contractor

  ○ Must have been reasonable to entrust work to a contractor

  ■ Haseldine v Daw (lift repair)
• 5). Defences to OLA 

  ● Contributory negligence

  ● Consent (volenti)