Occupiers Liability- 1957 Flashcards
When is occupiers liability used
For harm/loss caused to the C by dangers arising from the state of premises/condition of land
What is OLA 1957 for
Duty of care owed to lawful visitors in/on premises
What are the 2 things that need to be proven before deciding what year of the act to use
- occupier
- premises
What is an occupier
Owner, tenant, resident
what does the case of wheat v lacon say about occupiers
Occupier is someone with a sufficient degree of control over the premises, there can be more than 1 occupier
what is the other case used for occupiers
Bailey v armes
What section of the OLA 1957 act says defines premises
S1(3)a- premises are fixed/moveable structures, includes vessels/vehicles/aircrafts
For the OLA 1957 what 2 things need to be established
- duty of care
- breach of duty
What section of the OLA 1957 outlines the duty required and what is this duty
S2- duty to take such care as is reasonable to see that the visitor is safe for the purpose of their presence
What are the 3 different types of visitors
- adults
- children
- skilled visitors
What are the 3 types of adult visitors
- licensee- permitted onto premises for certain time/purpose
- invitees- invited onto premises
- those with contractural permission
For adults what does the occupier not have a duty to do, what case was used for this
Ensure premises are in pristine state (dean and chapter of Rochester cathedral v Debell)
What case speaks about not having to ensure premises are in pristine state and what else is said
Dean and chapter of Rochester cathedral v debell- slips and trips are every day occurrences, land must only be reasonably safe, risk is foreseeable if there’s a real source of danger which the RM would recognise as requiring action
What must the occupier be prepared for a child visitor to be
Less careful
What case is used for child visitors
Glasgow corp v Taylor
What case speaks about what a occupier isn’t liable to do for children
Bourne leisure v marsden- not liable to protect agisnt obvious dangers
When will an occupier be in breach of their duty
When they fail to reach the standard of care of a reasonable occupier
What are the 2 ways a duty can be discharged
- damage is caused by an independent contractor
- warning signs
In order prove that a duty can be discharge due to damage caused by an independant contractor, what needs to be proved
- It was reasonable for occupier to have entrusted work of independent contractor
- Contractor must be competent to carry out task (qualifications, experience, recommendations)
- Occupier must check work is property done (if work complex, specialist required to be hired)
What case is used to say that it must be reasonable for the occupier to have entrusted the work on an independent contractor
Haseldine v daw and son
what case is used to say that the contractor must be competent to carry out task
Bottomley v todmorden cricket club
For warning signs discharging a duty what must the signs be
- enough to keep c safe
- increased danger means increased safeguards are required
What case says that warning signs aren’t needed if the danger is obvious
Darby v national trust
what does the case of English heritage v Taylor say about warning signs
An adult doesn’t need to be warned of obvious risks, except where they didn’t have a genuine and informed choice
What case says when a warning sign will be insufficient, and what is said
Rae v marris- warning signs with no detail or by themselves= insufficient
What are exclusion clauses
Clause/term/statement that restricts/excludes/reduces the liability of the D for the harm/loss suffered
when can liability be limited/excluded through exclusion clauses
When an occupier puts up a notice in an attempt to reduce liability e.g. park at own risk
When are exclusion clauses not enforceable
- against visitors who have right to be there as liscencee
- where occupiers is business trying to exclude liability of death/personal injury
