Law tort occupiers liability

What is definition of occuiper liability

A person who has control of state that property is in (Wheat vs lacon and co)

what is the case if courts find no one in control of premises

Bailey vs Armes

for lawful visitors which section establishes common duty of care

S2(2) of occupier liability act 1957

what is the duty of care

adult visitor owed duty of care ‘take such care in all circumstance to is reasonable to see visitor will be reasonable safe using premises for purpose which there for

what is the case that occupier only needs to make reasonably safe not fully

Laverton vs Kiapasha takeaway

what is principle in Dean vs debell

D not liable for everyday risks eg: tripping and risk is reasonably foreseeable where reasonable person would recognise occupier needing to take action

what is case duty not extending for liability for pure accidents

cole vs david-Gilbert, royal british legion

what does s2(3b) OLA 1957 say

occupier expect skilled visitors to guard against special risks associated with their trade

What is the case for occupiers not being liable as tradesperson should know

Roles vs Nathan

What is independent contractors

visitor to land inured by 3rd party negligent work occupier may have defence and pass blame

What does s2(4b) OLA 1957 act state

visitor injured due to faulty constructuion work carried out by independant contractor occupier may have defence if took reasonable steps when employing contractor

What is the first requirement

1)must be reasonable for occupier to have given work to person

what is the case for the first element

Haseldine vs Draw and sontLTD

What is the second element

Contractor hired must be compotent to carry out task. EG checking past workand aking sure they are properly insured (Bottomley vs Todmorden cricket club)

What is element 3

Occupier check work done properly- if work complicated required to hire expert. If its technical occupier may only be able to look it over (Woodward vs mayor of hastings)