Occupiers Liability Act 1957

Question 1

What type of visitors does this act cover ?

Answer 1

Lawful visitors

Question 2

What can you claim for under the act ?

Answer 2

Personal injury
Damage to property

Question 3

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

Answer 3

There is a duty of care owed to all visitors

Question 4

What are the 4 types of lawful visitors ?

Answer 4

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

Question 5

Explain Adult

Answer 5

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

Question 6

Rochester Cathedral

Answer 6

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

Question 7

Explain Child

Answer 7

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)

Question 8

Taylor

Answer 8

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)

Question 9

Explain Tradesmen & workers

Answer 9

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

Question 10

Roles

Answer 10

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

Question 11

Explain independent contractors

Answer 11

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

Question 12

Haseldine

Answer 12

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’

Question 13

What defences are available for OLA 57

Answer 13

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

Question 14

Darby V National trust

Answer 14

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