Occupiers' Liability Act 1957 Flashcards
What is an occupier?
No statutory definition of ‘occupier’
Usually the owner or tenant
Found in case law
What did Wheat v E. Lacon Ltd state?
Can be more than one occupier
What did Harris v Birkenhead Corporation state?
Whoever is in control of the premises is the owner
What did Bailey v Armes state?
If no one is in control, no one is liable
What Act defines premises?
S.1(3)(a) OLA 1957
What does S.1(3)(a) define premises as?
‘Any fixed or moveable structure, including any vessels, vehicles or aircraft’
What does S.2(1) state?
A LV is owed a DOC
What does S.2(2) state?
O must keep LV reasonaly safe for purpose of visit
What happened in Laverton v Kiapasha?
Shop owners took reasonable care to ensure customers were safe, not liable as didn’t have a duty to make sure shop was completely safe
What happened in Dean and Chapter of Rochester Cathedral v Debell?
O has to ensure land is reasonably safe for visitors but they don’t have to guarantee safety
Risk will be reasonably foreseeable if there’s a real source of danger
What happens if the accident is purley accidental?
There will be no DOC
What happens if there could have been another source of damage?
D won’t be liable
Which cases said that if there’s another source of damage, D won’t be liable?
Coles v Davis-Gilbert
What act does children come under?
S.2(3) OLA 1957
What did S.2(3) define OL to children as?
‘Must be prepared for children to be less careful than adults so the premises must be reasonably safe for a child of that age’
What is the standard of care measured by with child trespassers?
Subjective according to the age of that child
What should the occupier guard against with child trespassers?
Any kind of allurement
What cases can be used for child trespassers?
Glasgow Corporation v Taylor
Jolley v London Borough of Sutton
Phipps v Rochester Corporation
What happened in Glasgow Corporation v Taylor?
Berries were an allurement so council was liable
When won’t the occupier be liable with allurements?
If the injury/damage is not foreseeable
What happened in Jolley v London Borough of Sutton?
It was foreseeable that children would play in an abandoned boat so they had a duty to ensure their safety
What happened in Phipps v Rochester Cathedral?
Council not liable as occupier is entitled to expect the parents wouldn’t allow their young children to go places which were potentially unsafe
What is said about OL to those carrying out trade or calling?
O ower tradesmen a common DOC
What does S.2(3)(b) OLA 1957 state?
O not liable where tradesman fails to guard against risks which they should know about or would be expected to know about
What happened in Roles v Nathan?
O not liable as they were right to presume the chimney sweeps would have been aware of the danger of carbon monoxide
What is said about OL to IC?
Able to pass claim
What does S.2(4) OLA 1957 state?
If visitor is injured by a workman’s negligent work, the O may have defence, and able to pass claim to workman
What are the three requirements to pass claims to IC?
Reasonable to give work to IC
IC hired must be competent
O must check work done properly
What case is used for the work being reasonable to give to IC?
Haseldine v Daw & Son Ltd
What happened in Haseldine v Daw & Son Ltd?
Was for work of a lift so needed specialist, reasonable to five work to specialise firm
How can people check IC is competent?
Insurance
Qualifications
Reviews
References
What case can be used for IC being competent?
Bottomley v Todmorden CC
What happened in Bottomley v Todmorden CC?
O liable as they weren’t competently hired
What case can be used to checking work is done properly?
Woodward v The Mayor of Hastings
What are the defences which can be used for OLA 1957?
Contributory negligence
Consent
Warning notices
Exclusion clauses
What is a case for CN?
Yvonne Forrest v Iceland Foods Ltd
What are the cases for warning notices?
Rae v Marrs
Staples v West Dorset DC
