Occupiers Liability Act 1957

Question 1

1) Intro

Answer 1

C may claim against D under OLA 1957 for their injuries. OLA 1957 covers lawful visitors.

Question 2

2) Wheat
Lowery
Haseldine

Answer 2

An occupier is someone who has sufficient control over the premises and here it is… (Wheat).
A visitor is someone who has express or implied permission, legal rights of entry or permission due to contract to enter the premises (s.1(2)) and here it is… (Lowery).
A premises is any fixed or movable structure other than land (s.1(3a)) and here it is… (Haseldine).

Question 3

3) Ogwo

Answer 3

C’s injuries must be due to the state of the premises (s.1(1)) (Ogwo).

Question 4

4) Duty under s.2(2)

Answer 4

The duty under s.2(2) is that the occupier must take reasonable care to see that visitors will be reasonably safe using the premises for the purposes of their visit.

(Under s.2(3a) there is a higher duty towards children as they are less careful than adults (Taylor).)
(Under s.2(3b) there is a lower duty towards experts as they can appreciate and guard against any special risks ordinarily incidental to their job (Roles).)

Question 5

5) Warnings s.2(4a)

Answer 5

Occupiers can discharge their duty if they warned of the danger. Warning must cover specific danger that arises (Rae). There is no duty to warn of obvious risks (Cotton).

Question 6

6) Independant contractor s.2(4b)

Answer 6

Occupiers can discharge their duty if damage caused by faulty works of an IC.

• IC must be reasonable to hire for highly specialised tasks (Haseldine).
• Occupier must have taken reasonable steps to ensure IC were competent (Bottomley).
• Occupier must have taken reasonable steps to satisfy himself the work was reasonably done (Woodward).

Question 7

7) Breach

Answer 7

Occupier is expected to meet the standard of a reasonable occupier (Blyth).
Apply risk factors.

Question 8

8) Causation

Answer 8

• But for test (Barnett)

- Remoteness test (Wagon Mound)

Question 9

9) Defences

Answer 9

1) Contributory negligence:
If C contributed to their injuries their damages may be reduced under Contributory negligence act 1945 (Sayer).

2) Consent:
Defence of consent may be available if C knew of the risk and accepted it.

Question 10

10) Remedy

Answer 10

C’s remedy is damages. Occupier is liable for damage including death, personal injury and damage to property (S.1(3b)).