Occupiers' Liability Act 1957

Question 1

Which occupiers’ liability act governs the duty owed by occupiers to visitors?

Answer 1

Occupiers’ Liability Act 1957

Question 2

Which occupiers’ liability act governs the duty owed by occupiers to non-visitors?

Answer 2

Occupiers’ Liability Act 1984

Question 3

What can a visitor claim for under OLA 1957?

Answer 3

• personal injury

- property damage (s.1(3)(b) OLA 1957)

Question 4

What is the duty of care owed in OLA 1957?

Answer 4

• occupier of premises owes the same duty of care to all of the visitors (s2(1)).

Question 5

Who is the occupier? (OLA 1957)

Answer 5

• occupier is who will be treated as an occupier in common law (s1(2)).
• an ‘occupier’ does not simply mean the person in physical occupation of the premises. It denotes a person who hasa sufficient degree of controlover the premises so as to justify the imposition of a duty upon them (Wheat v Lacon).
• they must some sufficient degree of control (Bailey v Armes)
• can have multiple occupiers (AMF International Ltd v Magnet Bowling Ltd)
• can be absent owners (Harris v Birkenhead Corporation)

Question 6

What are the 4 categories of occupier? (OLA 1957)

Answer 6

1. If the landlord does not live on the property, the tenant is the occupier
2. If the landlord retains some part of the premises, e.g. common areas like stairways, they are the occupier of those parts
3. If the landlord issues a licence, they remain an occupier
4. If the occupier employs an independent contractor, they generally remain responsible

Question 7

What constitutes as premises? (OLA 1957)

Answer 7

• wide definition given in s1(3) as any fixed or moveable structure

Question 8

Who constitutes as a visitor? (OLA 1957) How can they be classified?

Answer 8

lawful visitor (s1(2))

1. Express permission
2. Implied permission
3. Doctrine of allurement
4. Lawful authority
5. Contractual permission.

Question 9

Explain the classification of visitor under ‘express permission’.

Answer 9

Those who have express permission and/or a licence to be on the premise
- guests/ invited
Can be limited by notice in which the visitor becomes a trespasser

Question 10

Explain the classification of visitor under ‘implied permission’.

Answer 10

• Permission exists because of an occupier’s behaviour.
• postman has implied permission
• the implied licence does not extend beyond the scope of activities for which the licence had been expressly or impliedly given (Harvey v Plymouth City Council)

Question 11

Explain the classification of visitor under ‘doctrine of allurement’.

Answer 11

• the doctrine of allurement, based on the notion that children are allured onto certain dangerous premises and the occupier should be aware of this, taking precautions as necessary.
• InTaylor v Glasgow City Council
• doctrine is largely redundant now

Question 12

Explain the classification of visitor under ‘lawful authority’.

Answer 12

• some people, such as police officers with a warrant or people with a statutory right can enter the premises as lawful visitors with or without permission. ( s.2(6))
• Ogwo v Taylor

Question 13

Explain the classification of visitor under ‘contractual permission’.

Answer 13

• if a person enters the premises under the terms of a contract with the occupier, there is, in the absence of express provision to the contrary, an implied term that the entrant is owed the common duty of care. (s.5(1))
• Maguire v Sefton MBC

Question 14

How can express permission be limited?

Answer 14

Area
- An occupier might not owe a duty to a visitor if the visitor enters an area to which they are denied permission. Occupiers must be very clear as to the areas where visitors are denied access and the location of any sign must be appropriate.
Time
- An occupier can restrict entry by imposing a time limit (e.g. opening hours), but it must be made clear to the visitor.
- Stone v Taffe and Another,
Purpose
- If an invitee goes beyond the purpose they were invited onto the premises for, they may become a trespasser
- Tomlinson v Congleton

Question 15

What is the general standard of care in OLA 1957?

Answer 15

• duty to take such care that is reasonable to see that the visitor will be reasonably safe (s2(2)).

Question 16

What is the standard of care owed to children in OLA 1957?

Answer 16

• higher standard of care is owed to children (s2(3)(a)). (Jolley v Sutton LBC)
• the courts sometimes finding that an occupier is entitled to rely upon the supervisory role of parents in relation to young children (Phipps v Rochester Corporation)
• if children are known to be present in an area where it can be anticipated they will be less well supervised, greater care may be appropriate (Perry v Butlins Holiday World)

Question 17

What is the standard of care owed to people entering in exercise of a calling in OLA 1957?

Answer 17

• lower standard of care for persons entering premises in the exercise of their calling (s2(3)(b)).
• Less is expected of occupiers in relation to skilled visitors.
• An occupier does not have to take care to protect someone against risks normally incidental to their job which they can be expected to have guarded against (Roles v Nathan)

Question 18

What is the test to see if the defendant has fallen below the standard of care? (OLA 1957)

Answer 18

The test is the same as used in a general negligence claim
- likelihood & magnitude of harm etc
The courts will take into account the resources available to the specific occupier when considering what reasonable steps the occupier might reasonably be expected to take to ensure a visitor is reasonably safe (Laverton v Kiapasha).

Question 19

What does OLA 1957 say about warning notices?

Answer 19

a warning to a visitor of danger will only be enough if it was enough to enable the visitor to be reasonably safe (s2(4)).

• adequate warning will make the visitor aware of what/where/how to avoid
• very obvious danger may not require warnings (Staples v West Dorset District Council)

Question 20

Can an occupier escape liability if there is an independent contractor?

Answer 20

Possibly - if they acted reasonably in entrusting the work to the independent contractor (s2(4)(b)).
Must show they acted reasonably in:
- hiring the independent contractor
- selecting the independent contractor
- supervising and checking the work was properly done (depend on the nature of the work and defendants skill level)

Question 21

What happens to causation and remoteness under OLA 1957?

Answer 21

once loss has been suffered and the defendant has breached their duty to that claimant - there is an assumption that causation and remoteness have been satisfied.

Question 22

What are the defences available in an OLA 1957 claim?

Answer 22

1. Consent / volenti (s2(5))

2. Contributory negligence (s2(3))