Occupier’s Liability Basics Flashcards
Which states are relevant?
OLA 1957
OLA 1984
What is the basic definition for occupiers liability?
Legal concept which outlines the DOC owed by the occupier of premises to visits or trespassers who enter the premises
What are the prerequisites for OLA
- D must be an occupier
- The incident just occurred on the premises
- The danger was a static danger
Where to find a definition of an occupier? (And case examples)
No statute definition, found in the Common law:
Wheat v Lacon
Jordan v Achaea
Maddocks v Clifton
What is the definition of an occupier?
Someone with a sufficient degree of control over the premises
What is a premises (where is this definition found)?
S.1(3)(a) ‘57: any fixed or immovable structures including vessels, vehicles or aircraft’s.
What are some examples of premises (case law)?
Land:
Simpson v Al Dairy Farm
Buildings:
Rae v Mars (factory)
Moveable structures:
Shtern v Cummings (hotel fridge)
Vessels:
Lambert v VJ Glover (ship)
What two things must the premises be?
Dangerous and defective
What is considered defective
Out of repaid and not an obvious risk
What is a static danger
Dangerousness of the premises
What is an activity danger
Dangerous activities permitted in the premises by the occupier
Common law stance on static/activity dangers?
Activity danger was considered to be governed by the general principles of negligence, not OLA
What does OLA say on static/activity dangers
Alludes to protecting both but this is uncertain given the case law
Uncertain case law on static/activity danger post OLA
Revill v Newbury
Tomlinson v congleton
Pre OLA case law on static/activity danger
Glasgow city corp v muir
Case example of a non obvious risk of a premises to children …
Keown v Coventry healthcare NHS Trust
What does S.1(1) OLA (57 + 84) state
Purpose of the act is to replace the common law to regulate the care that an occupier owes to visitors in Respect of the dangers due to state of premises or things done.
What does OLA ‘57 s1(2) state
Shall not alter rules of the common law as to the persons whom a duty is imposed
What does OLA 57 s.2(2) state
Refers the common DOC to a duty to take such care to see that the visitor will be reasonably safe using the premises.
What does s.2(2) refer to/mean
It does replace the common law rules hit doesn’t necessarily mean they’ll be altered
What is the better view in relation to activity dangers
Only static dangers come under OLA.
Activity danger comes under the general rules of negligence
What does OLA 57 apply to and where is this outlines
S.2(1)Lawful visitors
What is the common DOC for lawful visitors
Requires the occupier to do whatever is reasonable to see that their visitor would be reasonably safe at their premises
What does OLA 84 protect
Trespassers
What is relevant about the DOC owed to trespassers
Not automatically owed a DoC
Who’s a visitor (what section)
OLA 57 s1(2): invitees or licensees
What is an invitee
A person who enters with an express or implied invitation for a mutual economic interest. Purpose related to business activities
What is a licensee
A person who enters with express or implied permission without need for a direct benefit between parties
Who’s a trespasser (what section)
S1(1) 1984: persons other than viditirs
Is a friend an invitee (case)
No
Robert Addie v Dembreck
What about landlords
Better protected under s.4 Defective Premises Act 1972
Cases to define trespasser?
Robert Addie v Dumbreck
Herrington v British railway board
Statute for downgrading a visitor?
57 s2(2) - ensure reasonable safeness unless they exceed their permission
Cases for downgrading a visitor
The Calgarth
Sidon v Patel
Molasses c Ealing hospital
Tomlinson v congleton
Stone v taffe
Common law ways to upgrade a visitor
Doctrine of all unmet
Implied license to enter
Who is the doctrine of allurement for
Children
What also needs to be considered when downgrading a visitor (+ case)
State of mind of claimant (spearman v Royal Bath Hospital)
What just claimant do for implied license to enter
Frequently enter with occupiers knwoledge
Uncertainty regarding upgrading a trespasser (cases)
Uncertain post OLA whether they still apply
Allurement:
Keown v Coventry hospital
Implied license:
Harvey v Plymouth
