Occupiers Liability 1957

Question 1

Definition of Occupier’s liability 1957
What statute/section?

Answer 1

s1(1)(a) OLA 1957
- “An occupier of premises owes a common duty of care to visitors”

Question 2

Key elements of establishing OLA 1957

Answer 2

• Premises
• Occupier
• Lawful Visitor
• Common Duty of Care

Question 3

What is a Premises?
Where is this defined?

Answer 3

S1(3)(a)
Any fixed or moveable structure, including any vehicle, vessel, or aircraft
- Wheeler v Copas (ladder)

Question 4

What is an Occupier?
Where is this defined?

Answer 4

Common law

• Wheat v E Lacon - “If a person has any degree of control over the premises, it is enough.”

Question 5

What is a Lawful Visitor?

Answer 5

Anyone of premises with Occupiers permission, express or implied

Question 6

Explain examples of Implied Permission with cases

Answer 6

• Repeated visits (Lowry v Walker)
• Statutory right of entry (s2(6) OLA 1957)
• can be exceeded - Harvey v Plymouth CC

Question 7

Explain Common Duty of Care - how its established, features etc

Answer 7

Roles v Nathan:
- Duty of Care same as in Negligence
- incremental approach taken to establish duty

Occupiers need not guarantee safety of visitors, only reasonable care
- Laverton v Kiapasha Takeaway Supreme

Question 8

What is the duty of care owed to children?

Answer 8

Must be prepared for Children to be less careful than adults
- Glasgow Corporation v Taylor

Question 9

What is the duty of care owed to specialist visitors (I.e. Professionals)?
- Cases?

Answer 9

Specialist will be aware of/ protect themself against risks within his own specialism
- Roles v Nathan (chimney)
- Ogwo v Taylor (negligent fire)

Question 10

Defences for OLA 1957

Answer 10

Consent (Volenti)
- Geary v JD Weatherspoon PLC

Exclusion Clauses
- White v Blackmore