lawful visitors

Cards (5)

  • Occupiers' liability act 1957
    creates duty owed to lawful visitors
    s.1(3) - lawful visitors can claim for death, personal injury and property damage
  • 1 the duty to lawful visitors
    s.2(2) - keep lawful visitors reasonably safe for the purpose for which he is invited to enter
    (lord scrutton) - going beyond the purposes makes a visitor a trespasser
    s.2(3)(a) - children are owed a higher standard of care
    s.2(3)(b) - lower standard of care offered to tradesman, if tradesmen fail to guard themselves against inherent risks of their trade
  • 2 preventing a breach of the common duty
    s.2(4)(a) - occupier will not be liable if they have given a visitor sufficient warning of a danger, must be enough to keep them safe
    (rae v mars ltd) - general warning sign not enough
    (cotton v derbyshire dales) - no need to warn against obvious risks
  • preventing a breach of the common duty (2)
    s.2(4)(b) - for an independent contractor to be blamed due to faulty work, occupier must show:
    it was reasonable to hire a contractor - (haseline v daw)
    reasonable entrustment that the contractor is competent - (Bottomley v Todmorden cricket club)
    reasonable checks to inspect the work, if it's simple enough to check - (woodward v mayor of Hastings)
  • preventing a breach of the common duty (3)
    s.5 - no duty owed if visitor willingly accepts a risk as his own
    s.2(1) - occupier can exclude duty in relation to property loss or damage but s.65 Consumer Rights Act 2015 - an occupier cannot restrict liability for death or injury caused by negligence