Occupiers liability

Question 1

Who is an occupier? Give a case example:

Answer 1

The person who owns the land/ in control of the premises: Wheat v Lacon

Question 2

Who would be classed as a lawful visitor?

Answer 2

Someone who receives any invitation or permission to be on the premises

Question 3

What are the two years of both the OLA Acts?

Answer 3

1957 and 1984

Question 4

What does s.2(1) of the OLA 1957 state?

Answer 4

An occupier owes a common duty of care to all his visitors

Question 5

What does s.2(2) of the OLA 1957 state? Give a case:

Answer 5

the common duty of care owed in s.2(1) is that the occupier must take reasonable steps to ensure the safety of a visitor: Laverton v Kiapasha Takeaways Supreme

Question 6

What does the OLA 1957 allow for a claimant to sue for?

Answer 6

Consequential losses
Personal injury
Damage to property

Question 7

What does s.1(1) of the OLA 1957 state?

Answer 7

regulates the duty which an occupier of premises owes to his visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them

Question 8

What does s.2(3)(a) of the OLA 1957 state? Give a case:

Answer 8

An occupier must be prepared for children to be less careful than adults:
Glasgow Corporation v Taylor
Phipps v Rochester Corporation
Moloney v Lambeth Borough Council

Question 9

What does s.2(3)(b) of the OLA 1957 state? Give a case:

Answer 9

An occupier may expect that a person, in the exercise of his calling, will appreciate and guard against any special risks ordinarily incident to it, so far as the occupier leaves him free to do so: Roles v Nathan

Question 10

What does s.2(4)(a) of the OLA 1957 state? Give a case:

Answer 10

Occupier’s can make use of warning signs to discharge their duty - where damages 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 in all circumstances it was enough to enable the visitor to be reasonably safe: Rae v Mars

Question 11

What does s.2(4)(b) of the OLA 1957 state? Give a case:

Answer 11

It is possible for an occupier to avoid liability for injuries/damage caused to a visitor when the cause of the injury/damage is due to the negligent work of an independent contractor:
Haseldine v Daw and Son Ltd

Question 12

What does s.1(3) of the OLA 1957 state? Give a case example:

Answer 12

Premises are ‘fixed or movable structures’ : Hasledine v Daw

Question 13

Under s.2(4)(b) of the OLA 1957, to successfully ‘pass the blame’ onto the contractor what 3 things must be shown by the occupier?

Answer 13

1.If in all the circumstances he had acted reasonably in entrusting the work to an independent contractor
2.Had taken such step as he reasonably ought in order to satisfy himself that the contractor was competent
3.That the work had been properly done

Question 14

What three defences can the occupier use to limit their liability?

Answer 14

-Contributory negligence
-Volenti
-Exclusion clauses

Question 15

What does s.2(1) of the OLA 1957 state in terms of avoiding liability?

Answer 15

Allows an occupier to extend, restrict, modify, or exclude his duty by agreement or otherwise.

Question 16

Under s.1(3) of the OLA 1957 act , what can a claimant claim for?

Answer 16

Damages to property (including damage to the property of someone other than himself) and any consequential economic loss resulting from damage to property such as the costs of recovery

Question 17

What is the main difference between the duty owed in the OLA 1957 and 1984?

Answer 17

1957- lawful visitors
1984- unlawful visitors

Question 18

Define trespasser:

Answer 18

A trespasser is an uninvited and unlawful visitor of land.

Question 19

What was the idea that came out of ‘ the calgar’?

Answer 19

inviting someone to use the staircase doesn’t give them the right to slide down the bannister

Question 20

How may a lawful visitor become an unlawful trespasser?

Answer 20

If the visitor goes beyond the permission given to them as a visitor

Question 21

What does s.1(2) of the OLA 1984 state?

Answer 21

The terms ‘occupier’ and ‘premises’ have the same meaning as they do for the purposes of OLA 1957

Question 22

What does s.1(1)(a) of the OLA 1984 state?

Answer 22

The act applies to cases where the claimant suffers injury on the premises by reason of any danger due to the state of the premises or to things done or omitted to be done to them.

Question 23

Under the OLA 1984 what can a claimant sue for?

Answer 23

Only personal injury not property and the injuries must be caused by the state of the premises

Question 24

The duty under the OLA 1984 is outlines in s.1(3)(a-c), what are the three aspects?

Answer 24

s.1(3)(a) - the occupier is aware of the danger
s.1(3)(b) - he knows or has reasonable grounds to believe that the other is in the vicinity of the danger
s.1(3)(c) - the risk is one against which he may reasonably be expected t offer the other some protection

Question 25

What does s.1(4) of the OLA 1984 state?

Answer 25

Occupiers must take such care as is reasonable in the circumstances to see that the trespasser does not suffer injury on the premises by reason of the danger concerned

Question 26

What does the case Tomlinson v Congleton Borough Council state in the OLA 1984?

Answer 26

the claimant must be injured as a result of the dangerous state of the premises - if the premises are safe, but the accident was caused by the claimant acting unwisely, the duty under the OLA 1984 does not arise

Question 27

What are the two defences for OLA 1984 and 1957?

Answer 27

Volenti/consent
Contributory negligence

Question 28

What does consent/volenti mean as a defence for liability in OLA 1984?

Answer 28

If a trespasser knowingly and voluntarily engages in an activity that carries an obvious risk, they may be considered to have consented to the risk