Occupier’s Liability Act 1957 Flashcards
What is occupier liability Act 1957?
The occupier’s liability 1957 ensures that lawful visitors are kept reasonably safe on a premises, where a visitor is injured due to the state of the premises then C may claim against the occupier for any loss or injury
Who is the occupier ?
The occupier is the person in sufficient control of the premise.
Case example: Wheat V E Lacon, where the freeholders and managers were regarded as occupiers .
Who is the occupier ?
The occupier is the person in sufficient control of the premise.
Case example: Wheat V Lacon , where the freeholders and managers were regarded as occupiers .
Define premise (S1(3)(a) OLA 1957
A premise is known to be any fixed or moveable structure including a vessel, vehicle or aircraft.
Case example: Wheeler V Copas where ladder was regarded as a premise
Who are lawful visitors?
Invitees, licensees, contractual permissions, statutory permissions.
Case example: Lowrey V walker
Invitees?
A person who is invited to enter the premises and who has express permission to be there.
Licensees?
A person who has express or implied permission to be on the premise for a particular period and purpose.
Contractual permission?
A person who pays to enter ticket for an event on the premise
Statutory permission?
Those given a statutory right or entry e.g police exercising a warrant.
Who are not considered as lawful visitors?
Trespassers,
Invitees exceeding permission
Those exercising public right of way
Those exercising privates right of way
Case example: The calgarth
Trespassers?
A person who has no permission to be in the occupiers premises.
Invitees exceeding permission
A person who has outstayed their welcome and have beeb told to leave or has gone into an area where they are not supposed to be
Those exercising public right of way
the right to use part of another property even though they do not own it
What is the duty owed to adult visitors
An occupier owes the same duty, the common duty of care to all visitors. the duty to take such care in all circumstances to see that the visitor is reasonably safe for the purpose for which he his invited to be there
Reasonably safe?
Case example?
The occupier does not have to make the visitor completely safe in the premises-only to do what is reasonable. case example; Laverton V kiapasha Takeaway 2002
What is the rule with children
The occupier has to be prepared for children to be less careful than an adult and the premises must be reasonably safe for a child of that age.
Allurement?
case example?
Something on the premises that may be attractive to children and may case harm or injury to them
case example; Glasgow corporation v Taylor1922
Foreseeable damage or injury?
case example?
If an allurement exists, there will be liability on the occupier .
case example; Jolley V Sutton LBC. 2000
Parental supervision?
CASE EXAMPLE?
Where young children are injured, the court are reluctant to find the occupier liable as they should be under the supervision of a parent or an adult.
case example; Phipps V Rochester 1955
What is the rule with the tradespeople ?
The occupier can expect that a person in the exercise of their calling will appreciate and guard against any special risk ordinarily incident to it, so far as the occupier leaves him free to do so
Guarding against risk?
case example?
This means that an occupier would not be liable where workers do not guard against risks which they should know about or be expected to know about.
case example; Roles V Nathan 1963
Independent contractor S2(4) OLA 1957
The occupier is not liable for damage caused to a visitor by danger due to the faulty execution of any work or construction, maintenance or repair by an independent contractor employed by the occupier
What are the three part rule with independent contractor in order to shift blame from the occupier
1) It must be reasonable for the occupier to have given the work to the independent contractor. case example; Haseldine V Daw
2)The contractor who is hired should be competent to carry out the task, the occupier should check the contractor’s insurance to prove their competency. case example; Bottomley V Todmorden cricket
3) The occupier must check the work has been properly done. Case example; Woodward V Mayor of Hasting.
What are the defences available to occupiers
warning signs ; if there is a notice of warning sign , this can be a complete defence for the occupier RAE V MARS
