Flashcards
Untitled
Cards in this deck (9)
- 1adultsreasonably safe
invited in/licensee/contractor/statutory permission
rochestor cathedral: broken bollard/injury, cathedral not liable bc they were kept reasonably safe - 2childrenreasonably safe for a child of that age
allurement= only liable if injury foreseeable
very young= parents responsible
Glasgow corp v taylor= 7 year old/poisonous berries/dies, park liable bc not kept reasonably safe for a 7 year old - 3tradesman"appreciate and guard any risks to their trade"
roles= chimney sweepers/inhaling fumes/dies, occupier not liable bc they should have been aware and guarded any risks to their trade - 4independent contractorsnot liable if occupier hasn't=
1. acted reasonably in entrusting the contractor
2. taken reasonable steps to ensure the contractor is competent
3. taken reasonable steps to inspect the work - 5defences - occupiers liability act 1957contributory negligence, consent
warning signs= must enable the visitor to be reasonably safe
= Rae, warning sign abount hole in dark shed inside the shed, liable bc not a suffcient enpugh warnign
exclusion causes= occupier restricting their duty
= can only apply for property - 6danger due to state of premises/ 1984only includes injury (not property damage)
if premises are safe=no claim
Coventry NHS=11 year old injured playing on fire escape of hospital, hospital not liable bc premises in good state - 7duty owed to trespassers1. d is aware of danger
2. d is aware trespassing may happen
3. the risk is one where d should offer protection - 8expected to offer protection- casetom linson= warning signs saying not to go in lake, c jumps in and is paralysed, cant claim bc council offered protection
- 9defences - 1984warning signs= westwood v postoffice= d works at post office and enters a room where it says do not enter and is injured, council not liable bc warning sign was enough for an adult
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- Flashcards on Untitled, created by rose kriens on 30/10/2018.
- Created by
- rose kriens · Oct 2018
- Updated
- Oct 30, 2018
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