Occupiers Liability 1957 Flashcards
Structure Guidance
Define a premises
A fixed or moveable structure, including any vessel, vehicle or aircraft
Define a lawful visitor
Anyone with express or implied permission to be on the premisis
Who is an occupier
Anyone with a sufficient degree of control over a premises
Examples of implied permission?
Repeat visitors, for entry in order to communicate, statutory powers of entry, and under the principle of allurement
What is a trespasser?
Someone who does not have express or implied permission to enter a premises.
When does a lawful visitor become a tresspasser
When they are carrying out an unauthorised act
What does Section 2(1) state
The occupier must take care to see that the visitor must be reasonably safe
What does Section 2(3)(a) state
The occupier must be prepared for children to be less careful than adults
What are occupiers entitled too when considering children
that they will be supervised by their parents
what does Section 2(3)(b) state
that tradesmen are expected to take their own precautions against risks that are identical to their occupation.
What does Section 2(3) state
Contributory negligence can be pleaded if the visitor takes less care than would normally be expected of him
What does Section 2(5) state
that an occupier must not be held responsible for risks willing accepted - which includes the defence of consent
Summarise to the best of your ability
(4 Points)
1) OLA 57 defines:
A premises
A lawful visitor
A trespasser
An occupier
2) Children are owed a bigger duty of care but tradesmen are expected to take precautions
3) An occupier must take care to see that visitors are reasonably safe
4) Defences such as consent and contributory negligence are available
