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- Diapositiva: 1
- An occupier is someone who has sufficient control over a premises, ( Wheat v Lacon) , and a premises is defined as any fixed/movable structure (section 1.3.1 1957)
- Lawful visitor- someone who has permission to be on a premises; either implied or express.
- There are two kinds of visitors: lawful and unlawful/trespassers
- Unlawful visitor- does not have permission to enter a premises1. no invitation where presence is unknown2. is objected to by occupier in practical fashion3. exceeds the limits of their permission
- Diapositiva: 2
- Duty of Care
- Lawful Visitors
- Resulting Damages
- OLA 1957Section 2.1'All lawful visitors areautomatically owed a duty of care'
- OLA 1957Section 1.3.bvisitors can claim for personal and property damage
- Breach of Duty
- OLA 1957Section 2.2'occupiers owe a duty to take reasonable care to ensure that the visitor is reasonably safe for the purpose which he is invited to be on the premises'
- Risk Factorslikelihood- Bolton v StoneSeriousness- Paris v StepneyPrecautions- Latimer v AEC
- Standard of VISITOR-Adult- common DOC- Cunningham v Reading FCChild- higher DOC- Glasgow Corp v TaylorVery Young Children- lower DOC if should be supervised- Phipps v RochesterSkilled Worker- lower DOC if they are injured in the exercise of their calling- Roles v Nathan)
- Diapositiva: 3
- Unlawful Visitors
- Dangerous State of the Premises S.1.1 OLA 1984provisions under s.1.3 OLA 1984
- Duty of Care
- section 1.4 OLA 1984'take such care as is reasonable in all circumstances to see that the trespasser does not suffer injuryrisk factors- likelihood seriousness, precautions
- Breach of Duty
- section 1.8 OLA 1984trespasser can only claim for personal injury
- Resulting Damages
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