Occupiers Liability Act 1957

Question 1

OLA 1957

Answer 1

occupier of premises owes a duty of care to lawful visitors

Question 2

4 things you need before you can show there is a duty

Answer 2

• occupier
• lawful visitor
• premises
• damage was caused by state of premises

Question 3

Who is the occupier under s.1 (2)?

Answer 3

Wheat V Lacon:
the court held you could have more than one occupier, key issue is control

Harris V Birkenhead:
the council were in control, even though they were not in physical occupation, as they had served a compulsory purchase notice

Question 4

So for a scenario
Occupier

Answer 4

identify is D is the occupier as she has control over the premises (Wheat V Lacon) CONTROL OVER PROPERTY

Question 5

Who is the lawful visitor under s.1(2)?

Answer 5

a visitor includes someone with express permission or implied permission, those with a legal right of entry and those with contractual rights

Question 6

Lawful Visitor
Lowery V Walker

Answer 6

D knew C was taking a short cut across his land but did nothing to stop him. This meant C was a lawful visitor as he had implied permission to enter the premises

Question 7

So for a scenario
Lawful Visitor

Answer 7

C is a lawful visitor because:
- express permission
- implied permission
- legal right of entry
- contractual rights

Question 8

What are the premises under s.1 (3)?

Answer 8

fixed or moveable structures including a vessel, vehicle or aircraft

Wheeler V Copas = ladder
Haseldine V Daw = lift

Question 9

So for a scenario
PREMISES

Answer 9

identify what the premises are - house, garden, shop etc

Question 10

Occupier’s duty

Answer 10

is in respect of damage caused by the state of the premises

Ogwu V Taylor: fire did not result from ‘state of premises’ but from careless use of a blowlamp - NEGLIGENCE NOT OLA

Question 11

So for a scenario
DAMAGE

Answer 11

the occupier’s duty is in respect of damage caused by the state of the premises (Ogwu v Taylor). Here, the damage was caused by the state of the premises as…

Question 12

If you have the following, then you have a duty under the OLA 1957

Answer 12

• an occupier
• a lawful visitor
• premises
• damage caused by state of premises

Question 13

What is the duty under s.2 (2)?

Answer 13

Under s.2 (2) D must take reasonable care to see that visitors will be reasonably safe using the premises for the purposes of their visit

Laverton V Kiapasha Takeaway - do not have to make premises completely safe, sign was sufficient
COMMON DUTY OF CARE

Question 14

Children

Answer 14

Under s.2 (3) an occupier must be prepared for children to be less careful than adults and so owes them a higher duty of care

Question 15

Occupiers were liable for injury to children in

Answer 15

Moloney v Lambeth - liability for the gaps in bannisters

Glasgow Corporation v Taylor - berries in the park

Jolley v Sutton - boat on council land

Question 16

Phipps v Rochester Corporation

Answer 16

D escaped liability as the parents of a 5 year old had failed to exercise proper control over the child