Occupiers liability act 1957 Flashcards
What is the general understanding of occupiers liability
The duty owed by land owners to those who come onto their land
What type of visitors is the OLA 1957 concerned with
Lawful visitors
Who is an occupier in OLA both 1957 and 1984
Someone who would be treated such under common law and they have a sufficient degree of control over the property
What section of the OLA does occupier fall under
S1(2)
What case would you use for occupier in OLA 1957
Wheat v Lacon
What is a premises under OLA
Any fixed or moveable structure, including any vessel, vehicle or aircraftW
What section of OLA 1957 does premises fall
S1(3)(a)
What is the definition of a lawful visitor in OLA 1957
Someone who would at common law have been treated as an invitee or licensee
What section of OLA 1957 does the definition of lawful visitor fall under
S1(2)W
What are the 2 types of permission given to enter in OLA 1957
Expressed or implied
What are the 4 types of lawful visitors under OLA 1957
Invitees, licensees, contractual or statutory duty
What is the definition of a invitee in OLA 1957
Invited to enter a premises with expressed permission to be there
What is the definition of a licensee in OLA 1957
Person with expressed/ implied permission to be there for a particular time/ purpose e.g. cinema and shops
What is the definition of contractual visitor under OLA 1957
Permission to be on a premises e.g. you have a ticket to an event
What is the definition of statutory duty visitor under OLA 1957
Right to enter under statute e.g. police warrant to be there
What is the standard of duty under OLA 1957
An occupier owes a “common duty of care” to take such care as in all the circumstances is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is permitted or invited by the occupier to be there. The duty is to keep the visitor safe and not the premises.
What section of the OLA 1957 does standard of duty fall under
S2(2)
What does the OLA 1957 say about children and there awareness
An occupier must be prepared for children to be less careful than adults
What section of OLA 1957 does children fall under
S2(3)(a)
What case would you use for children in OLA 1957
Moloney v Lambeth
What can an occupier expect regarding children under OLA 1957
Parents will take appropriate care of young children
What is the doctrine or allurement in OLA 1957
A child will not be a trespasser if they wander on to land to investigate something that is both attractive and dangerous to children
What case would you use for doctrine of allurement in OLA 1957
Jolley v Sutton
What does OLA 1957 state about tradesmen
An occupier may expect that a specialist visitor will be aware of and will protect himself against risks within his own specialism.
What section of OLA 1957 does tradesmen fall under
S2(3)(b)
What case would you use for tradesmen in OLA 1957
Roles v Nathan
What is exceeding permission under OLA 1957
If a lawful visitor exceeds the permission they have for being on the premises they may become a trespasser
What case would you use for exceeding permission for OLA 1957
Calgarth
How can an occupier discharge their duty under OLA 1957
If they can show that they acted as the reasonable man would in the same circumstances to keep the visitors safe
What case would you use for discharging duty under OLA 1957
Tedstone v Bourne leisure
What does S2(4) state about discharging duties
This can be done if reasonable warning are given whether implied or expressed as long as they are clear and explain there’s a danger
What case would you use for reasonable warnings for discharging duty in OLA 1957
Woollins v British Celanese
What are the defences available for OLA 1957
Independent contractors, contributory negligence, consent and excluding liability
What is the definition of independent contractors as a defence for OLA 1957
Where the lawful visitor is injured due to negligent work of an independent contractor – occupier may have a defence to pass liability to independent contractor
What section of OLA 1957 does the independent contractor defence fall
S2(4)(b)
When is the occupier not liable when it was a fault created by faulty workmanship as a part of an outside contractor under OLA 1957
When it was reasonable to bring them in, reasonable steps were taken to ensure competence and reasonable steps taken to check work was properly done
What case would you use for reasonable to bring them in for the defence of independent contractors for OLA 1957
Haseldine v Daw
What case would you use for reasonable steps taken to ensure competence for the defence of independent contractors for OLA 1957
Bottomley v Todmorden cricket club
What case would you use for reasonable steps taken to check work properly done for the defence of independent contractors for OLA 1957
Woodward v Mayr of Hastings
What section of OLA 1957 does contributory negligence fall under as a defence
S2(3)
What are the 2 ways when contributory negligence be used under OLA 1957
Cs own behaviour fell below the standard of the reasonable person and this contributed to their own loss
What case would you use for C being partly to blame for the accident in contributory negligence in OLA 1957
Brannon v Airtours
What case would you use for C contributing to their injuries in contributory negligence in OLA 1957
Froom v Butcher
What section of OLA 1957 does consent fall as a defence
S2(5)
What is the definition of consent under OLA 1957
Visitor consents to the risk of negligence on behalf of the occupier
What case would you use for the defence of consent under OLA 1957
Geary v JD Weatherspoon Plc
What section of OLA 1957 does excluding liability fall under
S2(1)
What is the definition of excluding liability in OLA 1957
They have placed up a sign stating they do not accept responsibility if someone is hurt, and it is clearly worder and visible
What case would you use for excluding liability as a defence under OLA 1957
Ashdown v Samuel Williams & sons
What does S2(1) UTCA 1977 state about excluding liability in OLA 1957
Liability cannot be excluded for death or personal injury of a visitor caused by Ds negligence
What does S2(2) state about excluding liability under OLA 1957
Liability for other types of loss caused by negligence can only be excluded if it is reasonable for the occupier to do so
What does S1(3)(b) state about excluding liability under OLA 1957
The occupier of business premises is able to exclude liability for visitors
admitted for a recreational or educational purpose which is outside the occupier’s business
What can a claimant claim for under OLA 1957
Death and personal injury
What can a claimant claim for under S1(3) OLA 1957
Damage to property (including damage to the property of others) and any consequential economic loss resulting from damage to property, such as the costs of recovery.
