Occupier's Liability Act 1957 Flashcards
What is liability?
Liability is the civil responsibility of an individual or organisation.
OLA 1957 s1 (2)
An occupier is an individual or organisation in occupational control of premises.
Wheat v E Lacon
Lord Denning defines 4 categories of occupier:
Tenants
Landlords who have partial control of premises
Landlords who have access to a rented property
Independent contractors who are in control at the time
What are premises?
Premises is any fixed or moveable structure, including any vessel, vehicle, or aircraft.
What are the 4 types of visitor?
Those invited
Licensed visitors
Those with contractual permission
Those with a statutory right of entry
OLA 1957 s1 (1)
Occupiers have a duty of care to their lawful visitors.
OLA s2 (2)
The occupier should take reasonable care of the visitor so they remain reasonably safe.
OLA 1957 s2 (3) (a)
The occupier must appreciate that children are less careful than adults, and therefore the standard of care in relation to age should be higher.
This is seen in Taylor v Glasgow Corp, where a child ate some poisonous berries and there were no warnings, such as signage or barriers. The child had no right to take the berries, but the berries were considered alluring, which lead to the claimant succeeding in the claim.
OLA 1957 s2 (3) (b)
Tradespeople should be aware of the risks that come with their job, and take all precautions to ensure their safety. The occupier must allow them to do so. The tradesperson is therefore responsible for any personal injury stemming from the tasks of the job, however the occupier is liable for injury resulting from the premises themselves.
In Roles v Nathan, 2 chimney sweeps died as a result of carbon monoxide leakage - a risk stemming from the job. Therefore the defendant was not liable.
OLA 1957 s2 (4)
Independent contractors may be liable for injury to visitors as a result of the work they are carrying out. This can be used as a defence for defendants if it fills these three requirements:
1. It must be reasonable for the occupier to ask an independent contractor to do the task (Haseldine v Daw & Son ltd)
2. The contractor must be competent and have insurance (Bottomley v Tomorden Cricket Club)
3. The occupier must check the work has been done properly, and may employ an expert to double check.
OLA 1857 s2 (4) (a)
Warning signs don’t automatically discharge the occupier of duty, and the signs must be sufficient enough to ensure the visitor is reasonable safe.
Rae v Mars describes how sufficient a warning must be.
Staples v West Dorset District Council describes how the occupier is not liable if the danger is obvious.
OLA 1957 s2 (1)
The occupier can restrict, modify, or exclude his duty by agreement or otherwise.
Consumer Rights Act 2015 s65 states that liability can not be restricted for death or personal injury as a result of negligence.
Volenti non fit injuria
To a willing person, it is not a wrong.
A willing person who voluntarily puts themselves in danger is unable to claim against the occupier for any personal injuries caused.
Contributory negligence
A defence which means defendants admit only partial responsibility.
Claimants are unable to succeed with a claim if they are partially responsible for their own injuries.
