Occupiers liability Flashcards
What does the Occupiers’ Liability Act 1957 govern?
duty owed by occupiers to visitors
What does the duty owed to visitors relate to?
State of premises
What loss is recoverable under the OLA 1957?
personal injury and property damage
What are the elements of the duty of care under OLA 1957?
- occupier
- premises
- visitor
= automatic duty
What is an occupier for the purposes of OLA 1957 and how does this relate to specific examples?
sufficient degree of control over premises
o Landlord doesn’t live at property = tenant
o Landlord retains parts = occupier of those parts
o Landlord issues licence = landlord
o Occupier employs independent contractor = still occupier
What is a visitor for the purposes of OLA 1957?
persons lawfully on property
What can permission be for visitors under OLA 1957?
express or implied
Are rights of way covered by the OLA?
Public right of way: Not covered by OLA 1957/1984
Private right of way: Not covered by OLA 1957 (are covered by OLA 1984)
What is the standard of care under OLA 1957?
take reasonable care that visitor will be reasonably safe for purpose which they are permitted to be there (objective)
When may warnings be able to discharge the duty of care under OLA 1957?
- enough to enable visitor to be reasonably safe
- What danger is, where it is and how to avoid it
What are the requirements for an occupier to escape liability under OLA 1957 where the danger was caused by an independent contractor?
a) Reasonably hired independent contractor
b) Reasonably selected independent contractor
c) Occupier reasonably supervised and checked work
How do the courts approach causation and remoteness for occupiers liability under OLA 1957?
assumed satisfied unless glaring issues
What are the defences to OLA 1957?
Consent
Contributory negligence
Illegality
What are the requirements for the defence of consent to occupiers liability under OLA 1957?
fully aware of particular risk and through conduct, willingly accept risk
What are the elements of the duty of care under OLA 1984?
- occupier
- premises
- trespasser/non-visitor
+
a) Aware of danger
b) Knowledge that other is in vicinity at time of accident
c) Reasonable to protect trespasser against risk
What is a trespasser/non-visitor under the OLA 1984?
without invitation and presence unknown or practically objected to
What is the standard of care under OLA 1984?
Reasonable occupier
Other than the normal negligence breach factors, what would be considered for breach under OLA 1984?
- Nature of danger
- C is child/adult
- Nature of premises
- Purpose of C
- Whether occupier should have foreseen trespassing and preventative measures
When may warnings discharge the duty under OLA 1984?
reasonable steps to give warning of danger concerned or to discourage persons from incurring the risk
What are the defences to occupiers liability under OLA 1984?
Consent
Contributory negligence
Illegality
What does s2(1) OLA 1957 allow?
occupiers to extend/restrict/modify/exclude duty to visitors
What is the restriction on exclusion/limiting clauses for liability in s3 OLA 1957?
where occupier bound by contract to allow third parties to enter premises, cannot restrict duty of care to the strangers
What is the restriction on exclusion/limiting clauses for liability in the Unfair Contract Terms Act 1977?
for business to business
a. Cannot restrict liability for death/personal injury due to negligence
b. For other loss, can restrict liability for negligence if reasonable
What is the restriction on exclusion/limiting clauses for liability in the Consumer Rights Act 2015?
where D is acting as a trader and C consumer
a. Cannot restrict liability for death/personal injury due to negligence
b. For other loss, can restrict liability for negligence if term is fair
c. Unfair = significant imbalance in parties’ rights/obligations
