Occupiers Lability Act 1957 (lawful visitors)

Question 1

What is meant by ‘an occupier’ with case example

Answer 1

An occupier is anyone who is in CONTROL of the land as seen in Wheat v Lacon.

Usually the owner but not always

Question 2

What is meant by ‘premises’?

Answer 2

Any ‘fixed or moveable’ structure

Question 3

What is the first stage of OLA 1957 s2(1) and explain the four types of permission to determine this

Answer 3

The first stage is determining if the claimant was a lawful visitor
This can be given in four types:

express permission (invitation)
implied permission,
those with a legal right of entry (police)
contractual rights (work being done)

Question 4

If OLA s2(1) is fulfilled what does the occupier owe the visitor?

Answer 4

a common duty of care - as he is now a lawful visitor

Question 5

What is the second stage of OLA 1957 s2(2)

Answer 5

This is about if the occupier has satisfied his duty of care towards the lawful visitor.

It is said the D must take reasonable steps to ensure the visitor will be reasonably safe using the premises for the purpose which he is invited to be there.

Key case: Laverton v Kiapasha Takeaway

held that the premises do not have to be completely safe – the occupiers just have to take reasonable care

Question 6

There are three instances where an occupier’s liability may change depending on circumstances of the visitor? What are these

Answer 6

1) Visitor is a Child
2) Visitor is carrying out a trade
3) Visitor is a independent contractor

Question 7

What does s2(3)(a) Occupiers’ Liability Act 1957 say about child visitors?

Answer 7

It says Occupiers should be prepared for children to be less careful than adults, so make premises be reasonably safe for child/children that age.

Key case: Glasgow Cooperation v Taylor (poisonous berries)

Question 8

What does s2(3)(b) Occupiers’ Liability Act 1957 say about visitors carrying out a trade?

Answer 8

The occupier can expect a tradesmen to appreciate against risks ordinary of their job

Roles v Nathan

Chimney Sweeper tried taking legal actions against harm done by Carbon monoxide, D was not liable

Question 9

What does s2(4) Occupiers’ Liability Act 1957 say about Independent contractors

Answer 9

An occupier can pass liability to contractor for negligent work for 3 criterias are satisfied these are.

1) Reasonable to give that work to contractor
2) Contractor is competent enough
3) The occupier has checked the work has been properly done