OCCUPIERS LIABILITY 1957 P1-SB Flashcards
Define the Occupiers Liability Act 1957
Ensures that lawful visitors are kept reasonable safe on a premises. When a visitor is injured due to the state of the premises then the c may claim against the occupier for any loss or injury
Define the Occupier (S1(2) OLA 1957) + case
A person who may but does not have to be the owner or tenant of the premises. (wheat V E Lacon)
Define the Premises (S1(3)A) + case
A fixed or moveable structure including any vessel, vehicle or aircraft. (Wheeler V Copas)
Who are Lawful Visitors?
Licensees
Invitees
Contractual Permission
Statutory Permission
Explain common duty of care owed by adult visitors S2(1)-(2)
A occupier owes the same duty of care to all visitors . The duty to take care as in all circumstances is reasonable to see that the visitor will be reasonable safe for the purpose for which he is invited to be there.
Explain reasonable safe S2(2) + case
The occupier does not have to make the visitor completely safe in the premises only do what is reasonable (Laverton V Kiapasha Take away)
Explain S2(3)(a)
The occupier must be prepared for children to be less careful than an adult and the premises must be reasonable safe for a child of that age .
CHILDREN: What are allurements + case
Something on the premises that may be attractive to children and which may cause them harm or injury (Glasgow corporation V Taylor)
CHILDREN: What is foreseeable damage or injury + case
If an allurement exists there will be no liability on the occupier of the damage or injury suffered is not foreseeable. (Jolley V Sutton LBC)
CHILDREN: Parental Supervision
Where very young children are injured, the courts are reluctant to find the occupier liable as the child should be under the supervision of a parent or other adult. (Phipps V Rochester)
Explain Tradespeople s(2)(3)(b)
O owes a tradesperson coming on their premise a common duty of care but the O can expect that a person in the exercise of their trade will guard against any special risks.
INDEPENDANT CONTRACTORS:
Explain Guarding against risks + case
O owes a common duty of care to workers coming on their premises to carry out repairs to the premises or anything on it o will not be liable where workers do not guard against risks which they should know about or be expected to know of. (Roles V Nathan)
INDEPENDANT CONTRACTORS:
Explain s(2)(4)
O is not liable for damage caused to a visitor by danger due to the faulty execution of any work or construction maintenance or repair by an independent contractor employed by the occupier.
INDEPENDANT CONTRACTORS:
Explain S(2)(4)(b) 3 rules + case
- Must be reasonable for the O to have given the work to the IC (Haseltine V Daw)
- O must check the contractors references and make sure they carry insurance (Bottomley V Todmorden cricket club)
- O must check the work has been done properly (Woodward V Mayor of Hastings)
DEFENCES: Warning signs + case
A notice warning of danger is a complete defence for O.
Can be a oral or written warning.
(Rae V Mars) or (staplers v West)
DEFENCES: Law reform act 1945
Contributory Negligence
Its a Partial defence O will argue that the c is partly responsible for their injuries if successful, the amount of compensation will be reduced by an appropriate amount.
DEFENCES: OLA 1957 Volenti
Its a complete defence, if C has freely accepted to run the risk of injury whilst on the occupiers premises then D will not be liable.
S65 Consumers Rights act 2015
Provides that a trader cannot by a consumer contract or notice exclude or restrict liability for death or personal injury resulting from their negligence.
