Occupiers Liability Flashcards
To establish a duty of care you need
Occupier
Premises
Visitor
Who is the occupier
And occupier is someone who exercises an element of control over the premises and does not necessarily have to occupy the premises
What is premises
S.1(3) states that it includes fixed or movable structures including any vessel vehicle, or aircraft
Lawful visitors
An invited guest S.1(2)
A licensee; someone who is given express or implied permission to be on the premises
Entering pursuant to a contract S.5(1)
Exercising a statutory right S.2(6) e.g. people who deliver mail
The common duty of care OLA 1957
The common duty of care is stated in S.2(2) as a duty to take such care as in all the circumstances of the case in reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which they are invited or permitted by the occupier to be there
When does a visitor become a trespasser
The calgarth (1925) scrutton LJ
Where visitor exceeds their permission in a scenario, they will become a trespasser
Are the visitors exercising a trade
S.2(3)(b) the contractor is expected to be aware of the risks and dangers that arise from doing their job
Roles v Nathan(1963)
Is the occupier to blame for the accident
Under S.2(4)a an occupier is not liable for dangers caused by a contractor if the occupier:
-Acted reasonably in engaging a contractor for this sort of work
-Take reasonable steps to ensure that the work would be completely carried out
-Checked that the work had been done properly
An occupier will owe a duty to a trespasser if: S.1(3)
1.he is aware of the danger or has reasonable grounds to believe that it exists
2.he knows or has reasonable grounds to believe the other is in the vicinity of the danger or may come into the vicinity of the danger
3.the risk is one in which in all the circumstances of the case he may reasonably be expected to offer the other some protection
OLA 1984 S.1(4)
A duty owned to trespassers is to take care to see that they are not injured on the premises by the danger concerned
Defences to OLA 1984
Warnings
Consent
Contributory negligence (Law Reform Act 1945)
Exclusion of liability
OLA 1957 S.2(4)(a)
Where damage is caused to a visitor by a danger of which he had been warned by the occupier, the warning is not to be treated without more as absolving the occupier from liability, unless all the circumstances it was enough to enable the visitor to be reasonably safe
OLA 1957 S.2(3)(a)
An occupier must be prepared for children to be less careful than adults
OLA Act 1984 s.1(5)
Any duty owed by virtue of this section in respect of a risk may, in an appropriate case, be discharged by taking such steps as are reasonable in all the circumstances of the case to give warning of the danger concerned or to discourage persons from incurring the risk.
What is occupiers liability
Is the duty owed by an occupier to those who come onto their land
