Occupier's Liability (OLA) 57/84 Flashcards
What is the definition of an occupier?
Someone who owns or has control over a premises
What is the case to define an occupier?
Wheat vs E Lacon
What is the definition of premises?
‘Land, buildings, any fixed or moveable structure, including any vessel, vehicle or aircraft’
What are the 2 types of permission?
- Implied Permission
- Express Permission
What is express permission?
You are actually invited into the premises, this can include buying a ticket
What is the quote section 2.2?
‘The visitor will be reasonably safe in using the premises for the purposes for which he is invited’
What is Implied Permission?
Where you expect to have permission to enter
What is the case and POL for Section 2.2?
Staples vs West Dorset DC - Warning not necessary as clearly visible
What is the 2 quotes from Section 2.3a (Children)?
- ‘An occupier must be prepared for children to be less careful than adults’
- ‘Premises must be reasonably safe for a child of that age’
What is the case and POL for Section 2.3a (Children)?
Glasgow CP vs Taylor
Berries were tempting to a child (allurement) and there were no fencing or warning to stop them
What is Section 2.3b?
Persons exercising a calling
What is the case and POL for Section 2.3b?
Roles vs Nathan - Chimney sweeps should’ve been aware of the dangers of Carbon Monoxide as it’s their job
What is the quote and points from Section 2.4
The occupier will not be held liable for the work of independent contractors if:
- They took reasonable steps to ensure the contractor is competent
- If possible they should check the work has been carried out properly
What is Section 2.4b?
Independent Contractors
What is the case and POL from Section 2.4b
Haseldine vs Daw - Occupier cannot check if lift maintenance is correct as it’s highly technical so not liable
What is the other case and POL from Section 2.4b?
Woodward vs Mayor of Hastings - The school had not checked if the step was free of snow and it was dangerous so held liable
What are the 4 possible defences for OLA 57?
- Contributory Negligence
- Volenti
- Warnings
- Exclusion causes - cannot exclude death or personal injury
What is Section 1.1 from OLA 84?
Must relate to the state of the premises
What can you sue for under OLA 84?
Just personal injury, not property
What is the POL from Tomlinson vs Congleton?
He entered a park as a lawful visitor but jumped into a lake which had warning signs so turned into a trespasser
What are the 3 points that need to be met to show the occupier owes a duty of care under OLA 84?
- The occupier is aware of the danger or has reasonable grounds to believe it exists.
- They know, or have reasonable grounds to believe, that the other person is in the vicinity of the danger concerned, or that they might come into the vicinity of the danger.
- The risk is one which in all circumstances of the case, the occupier may reasonably be expected to offer the other some protection from.
What is the POL from Swain vs Natui Ram Puri? (Quote 2)
The occupier did not have reasonable grounds to believe or knowledge of the child might enter the vicinity so not liable.
What is the POL from Scott vs ABP? (Quote 2)
No duty of care for the first accident as they were unaware of the risk but there was a duty of care for the second one as aware they could enter the vicinity - could consider children (Glasgow Corporation vs Taylor).
What is the POL from Platt vs Liverpool County Council? (Quote 3)
Not liable as they had done all that was reasonable to mitigate the risk in the circumstances.
What is the difference from OLA 57 and OLA 84?
OLA 57 - Have permission to be there
OLA 84 - Tresspassers
