8. Occupiers' Liability Flashcards
OLA 1957 governs
duty owed by occupiers to visitors
under OLA 1957, which losses can a visitor claim for?
- personal injury
- property damage
OLA 1984 governs
duty owed by occupiers to non-visitors
Regarding the premises, to what aspect do the relevant Occupiers’ Liability Acts apply?
The condition of the premises, or things done or omitted to be done during occupation
not activities carried out on the premises (in which case general negligence claims may be more appropriate)
Who is a visitor under the 1957 and 1984 Acts?
A person whom the occupier has invited or permitted to be on the premises
Under the 1957 Act, what does a person become if they enter the premises as a lawful visitor but exceed the scope of that permission?
Trespasser
What is an occupier under both the 1957 and 1984 Acts?
The person who has a sufficient degree of control over the premises, who need not be the owner
In a landlord-tenant situation, who is generally the occupier and what are some exceptions to this?
The tenant is generally the occupier, except for parts which have been excluded from the lease, e.g. common staircase
What is a premises?
Land, and any buildings on the land.
The 1957 Act further applies to any fixed or moveable structure, e.g. scaffolding or ladders
What is the duty of care owed by an occupier to visitors under the 1957 Act?
Duty to take reasonable care so the visitor is reasonably safe in using the premises for the purpose they have been invited or permitted
Does an occupier’s duty under the 1957 Act also apply to a visitor’s property?
Yes
To refresh, what two things will the court consider when determining whether the occupier exercised reasonable care, which apply to both the 1957 and 1984 Acts?
- The magnitude of the risk
- Practicability of taking precautions
Under the 1957 Act, how should an occupier treat children?
Occupier should expect children to be less careful than adults, so may be required to take more precautions to avoid harm to children
Under the 1957 Act, what is someone “exercising their calling” and how should an occupier expect them to behave?
Someone on the premises for a particular task, e.g. electrician. They should be expected to be aware of dangers posed by things germane to their calling, e.g. electrician should be aware of exposed wires and dangers posed
Even when they warn a visitor of a danger, only when will an occupier discharge their liability if the visitor is harmed?
When the warning was enough to enable the visitor to be completely safe, such that the injury is basically the claimant’s fault