Occupiers Liability Act 1957 Flashcards
What type of visitors does this act cover ?
Lawful visitors
What can you claim for under the act ?
Personal injury
Damage to property
What does section 2(1) of the act say ?
There is a duty of care owed to all visitors
What are the 4 types of lawful visitors ?
- Adult
- Child
- Tradesmen & Workers
- Independent contractors
Explain Adult
Under S2(2) the claimant must be kept reasonably safe for the purpose of their visit.
Rochester Cathedral
Tripped over a small bit of raised concrete .
The claim failed as there must be a real source of danger
Explain Child
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)
Taylor
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)
Explain Tradesmen & workers
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
Roles
2 chimmny sweeps didn’t wear smoke masks ans died of carbon monoxide poisioning
No claim as didn’t guard themselves against risks.
Explain independent contractors
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
Haseldine
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’
What defences are available for OLA 57
- Consent S2(5) - victim full consented & appreciated all the risks then full defence
- Contributory negligence - victim contributed to injury or damage, partial defence
- Warning notices S2(4)a - notice or sign that must warn you of the danger, full defence
- Exclusion clauses S2(1) - excludes liability. In sign, death not applicable
Use for damage to property, theft, full defence
Darby V National trust
Man drowned in pond. Wife tried to sue but was denied there was warning sings and it was an obvious risk