Occupiers Liability Flashcards
Two Acts on OLA:
OLA 1957 - Lawful visitors
OLA 1984 - Unlawful visitors
Wheat definition of Occupier
Owner/tenant of premise/land
4 types of law visitors
Invitees
Licensees
Those with contractual permission (ticket holders)
Those with Statutory Right of Entry (police)
How safe is a premise expected to be under OLA 1957
‘Reasonably safe’
Case for duty of care for children (OLA 1957)
Glasgow
OLA 1957 Law for children
Greater care expected, however parents expected to supervise them
What is expected of tradesman
They are expected to know their trade and identify risks associated with their job
3 main categories of lawful visitors under OLA 1957;
Adults
Children
Tradesmen
What is needed to raise the defence of faulty/negligent work of a contractor (3)?
- It was reasonable to outsource work
- Occupier satisfied with competence of work
- Contractor was experienced (expected to do job correctly)
Defences avaliable to OLA Claims
- Volenti
- Contributory Negligence
- Warning notices (complete defence)
Types of tresspassers
Unlawful visitors
Lawful visitors who exceed their permissions
What Duty is owed to trespassers?
Duty of common humanity
A duty will only be owed to tresspassers if;
- Occupier is aware of danger
- Believes tresspasser COULD come into contact with danger
- It’s fair to offer some protection
(Subjective)
When will D not be liable for a tresspasser? (3)
- If danger is obvious (O)
- If it occurs at unusual time of day/year (U)
- Occupier is unaware of danger (U)
UOU
What can be claimed for under OLA
OLA 1957 - PI and damages to items
OLA 1984 - PI ONLY.
