Occupiers Liability Act 1957 Flashcards

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1
Q

What type of visitors does this act cover ?

A

Lawful visitors

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2
Q

What can you claim for under the act ?

A

Personal injury
Damage to property

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3
Q

What does section 2(1) of the act say ?

A

There is a duty of care owed to all visitors

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4
Q

What are the 4 types of lawful visitors ?

A
  1. Adult
  2. Child
  3. Tradesmen & Workers
  4. Independent contractors
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5
Q

Explain Adult

A

Under S2(2) the claimant must be kept reasonably safe for the purpose of their visit.

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6
Q

Rochester Cathedral

A

Tripped over a small bit of raised concrete .
The claim failed as there must be a real source of danger

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7
Q

Explain Child

A

Under S2(3)a the premises must be reasonably safe for a child of that age.
The occupier has realise that children are less careful than adults.
Very young - if very young blame passes to the parents
Allurements - have to protect against allurements (swimming pool, ice cream)

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8
Q

Taylor

A

Glasgow botanical garden
Boy sees and eats some poisionous berry ices and dies
Able to sue as the land wasn’t reasonably safe (no barriers, no signs in place)

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9
Q

Explain Tradesmen & workers

A

Under S2(3)b the same duty as adults apply, but the trader has to guard the self’s from associated risks with their role
EG: electricians should check electrics are off before starting work

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10
Q

Roles

A

2 chimmny sweeps didn’t wear smoke masks ans died of carbon monoxide poisioning
No claim as didn’t guard themselves against risks.

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11
Q

Explain independent contractors

A

Under S2(4)b liability can be passsed onto an independent contractor is the following are satisfied
1. Acted reasonably in entrusting the contractor
2. Taken reasonable steps to satisfy that the contractor was competent (qualifications, reviews)
3. taken reasonable steps to inspect work

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12
Q

Haseldine

A

Contractors coming to fix lift - The lift dropped with someone in.
Was able to pass the blame as they were brought in for a ‘specialist job’

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13
Q

What defences are available for OLA 57

A
  1. Consent S2(5) - victim full consented & appreciated all the risks then full defence
  2. Contributory negligence - victim contributed to injury or damage, partial defence
  3. Warning notices S2(4)a - notice or sign that must warn you of the danger, full defence
  4. Exclusion clauses S2(1) - excludes liability. In sign, death not applicable
    Use for damage to property, theft, full defence
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14
Q

Darby V National trust

A

Man drowned in pond. Wife tried to sue but was denied there was warning sings and it was an obvious risk

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