Occupier's liability Act 1957 Flashcards
What does OLA 1957 state
S2(1) an occupier of premises owes the same duty, the common duty of care to all his visitors
Test for who is occupier
Anyone who has sufficient control over the premises
Authority for test of who is occupied
Wheat v E. Lacon & Co Ltd
Empty houses can have an occupier
Harris v Birkenhead Corporation
Definition of a visitor
Someone who has implied or expressed permission to be on the premises
Authorities for definition of a visitor
S1(2)
Robson v Hallet
Tolerance of treated trespass amounts to visitor
Lowery v Walker
Permission may be limited to parts of the premises
The Calgarth
State of mind and intention of ‘visitor’ is additional factor
Spearman v Royal United Bath Hospital
Intoxication does not overrule permission to access property
Kolasa v Ealing Hospital NH Trust
What is a premises
Any fixed or moveable structure, vessel, vehicle or aircraft
Authorities for what is a premises
Wheeler v Copas
Definition of common duty of care
Only foreseeable risks need be guarded against and only reasonable steps need be taken
Authority for common duty of care
S2(2)
No duty owed in respect if obvious risks
Darby v National Trust
Cases of injury caused by dangerous activity at site dealt with under common law negligence
Ogwo v Taylor
An occupier must be prepared that children are less careful than adults authority
S2(3)(a)
Glasgow Corporation v Taylor
No binary approach that either occupiers or parents need be at blame for injuries to small children authority
Bourne Leisure Ltd v Marsden
Lower standard of care to skilled visitors authorities
S2(3)(b)
Roles v Nathan
Warning is not enough to discharge duty unless in all circumstances it is enough authority
Rae v Mars (Uk) Ltd
Conditions for occupier discharging fury to indépendant contractor
Reasonable in entrusting work to contractor
Took reasonable steps to ensure that the contractor was competent
Took reasonable steps to ensure that work was properly done
Authority for discharging duty to indépendant contractor
S2(4)(b)
Authority for reasonable steps to be taken to check competency
Gwilliam v West Hertfordshire Hospital NHS Trust
Authority for ensuring that work is done properly
Haseldine v Daw
