11 - TORT - Occupiers Flashcards
Whatโs the difference between OLA 1957 & 1984
- OLA 1957 applies to visitors ๐
- OLA 1984 applies to non-visitors ๐น
What does OLA apply to?
State of premises ๐ก, not activity ๐คฟ
(18 y/old diving into shallow lake was not an OLA issue as it was the activity that was dangerous, not the land)
What are the requirements for establishing occupiersโ liability under the OLA 1957?
- C must establish that they suffered loss due to the state of the premises.
- C must identify who the occupier is.
- C must prove that they are a visitor.
- C must establish that the occupier failed to take reasonable care for their safety.
What is the common law duty of care owed by occupiers under OLA 1957?
Occupier of premises owes common DoC to all visitors to take:
a. reasonable care that visitor
b. reasonably safe in using premises
c. for purpose for which they were permitted
What can be claimed for under OLA 1957 for visitors?
- Personal injury ๐ค
- Property damage ๐๏ธ
How is breach of duty determined under occupiersโ liability?
By measuring against the standards of a reasonable occupier while considering all circumstances incl:
- Nature of danger
- Purpose of visit
- Seriousness of injury risked
- Magnitude of risk
- Cost and practicability of avoiding danger
- Duration of danger on premises
- Warnings about danger
- Type of visitor
OLA 1957 special treatment for visitors?
- Children: Occupiers owe a greater degree of care to children, especially regarding allurement, and must ensure safety for very young children accompanied by adults.
- Skilled Visitors: Occupiers owe less care to skilled visitors, as these visitors are expected to understand and guard against risks associated with their work.
How is โoccupierโ defined?
Someone w/ sufficient degree of control over premises - doesnโt have to owner, can be occupier
4 Categories:
1. If landlord doesnโt live there, tenant is occupier ๐ซ
2. If landlord retains some part of premises, theyโre occupier of those parts ๐ช๐ฉ
3. If landlord issues a licence, they remain occupier ๐๐ฉ
4. If occupier employs independent contractor, generally remain responsible
๐ท๐ฉ
What is the case on occupier?
Counsel A asked B to carry out building works but not to subcontract. B hired C who was injured. C was a visitor for B but not for A.
โช๏ธโก๏ธ๐ทโโ๏ธโก๏ธ๐ทโโ๏ธ๐
How is โpremisesโ defined?
Any fixed or moveable structure including vessels, vehicles or aircraft (includes a ladder)
๐ โ๏ธ๐๐ฅ๏ธ๐ช
How are โvisitorsโ defined?
๐
- Any person w/ express ๐๏ธor implied ๐คซpermission to be on premises ๐ก
- This can be limited by notice, so visitor becomes trespasser e.g. by area, time or purpose
What are the cases on whether someone was a visitor?
- sign can exclude from area - child in animal enclosure of circus and attacked by a lion, no signs saying this was private and so a visitor. ๐ช๐ถ๐ฆ๐
- inconspicuous sign by national trust with other info saying stay away from lake was not enough. ๐ณ๐๐ชง๐๐
- restrict by time - drinker at a lock-in in a pub was still a visitor even after hours. ๐ป๐ฐ๏ธ๐
- restrict by purpose - made clear to C that lake was for canoeing, fishing & windsurfing. C swam which made him a trespasser. ๐๐ถ๐คก๐โโ๏ธ๐น
What are the cases on implied permission?
๐คซ
- used shortcut for 35 years, attacked by horse, found to be a visitor ๐ด ๐ฅ ๐ถโโ๏ธ ๐
- railway fence repeatedly cut and mended - 9 year old hit by a train - did not have implied permission. ๐ค๏ธ๐ฆ๐๐น
Are users of public footpaths considered to be visitors?
No ๐ถ๐น