Occupiers Liability for Lawful Visitors Flashcards
Which act defines occupiers liability for lawful visitors?
OLA 1957 - Occupiers Liability Act
What are the requirements for lawful visitors?
- D is an Occupier
- It happened on premises
- Claimant was a lawful visitor
- A common duty of care is owed
- There are exceptions
D is an occupier - what can be an occupier? Include cases.
Occupiers are owners or tenants
Wheat - can be multiple occupiers
Harris - The council can be an occupier
Bailey - Sometimes there can be no occupier
It happened on premises - what is classed as premises? Include the Act and Case.
s.1(3) OLA 1957 - ‘any fixed or moveable structure including any vessel, vehicle or aircraft’
The definition of premises is so wide that a ladder was considered premises in the case of Wheeler v Copas.
Lawful Visitors - who are lawful visitors? Include the sections
Invitees - people who are allowed the premises - invited e.g. shops. s.1(2)
Licensees - People who are allowed on the premises for a period of time e.g. Postmen - s.1(2)
Statutory Right - People who have a right by law to be there e.g. police with a warrant - s.2(6)
Contractual Permission - People who have a contract to be there e.g. an entry ticket for a concert - s.5(1)
A common duty of care is owed - what is the standard, the case and the rule with the case, and the exception?
s.2 Occupiers Liability Act states that you take reasonable steps at all times to ensure your visitor is reasonably safe.
The case of Laverton states that you do not have to show an exceptional level of care as adults can be expected to be able to take care of themselves.
Does not extend to liability of pure accidents
Exceptions - What is the first exception, and what section/cases are used?
The first exceptions is children
s.2(3)(a) states that a higher duty of care is owed to children, especially when there are ‘allurements’ - Glasgow Corp v Taylor
The case of Phipps states that there however should be an adult present to supervise the child.
Exceptions - what is the second exception, and what section/cases are used?
The second exception is tradespeople and rescuers
s.2(3)(b) states that a skilled person of their trade should know the risks involved within that trade.
Roles
Oqwo
Exceptions - what is the third exception, and what section/cases are used?
What are the requirements?
The last exception is independent contractors.
s.2(4) OLA states that the occupier owes a duty of care, however if someone is injured on premises due to the work of an independent contractor, the occupier can pass liability on so long as:
It was reasonable to give the work to the contractor - Haseldine
The independent contractor is competent (has reviews, references etc.) - Bottomley
The occupier must check the work has been done properly - and may have to hire an architect or surveyor if the work is complicated - Woodward
There are four defences to Occupiers Liability. What are they?
Contributory Negligence
Consent (Volenti non fit injuria)
Warning Signs
Exclusion Clauses
Contributory Negligence and Consent - what are they, how can they be used, include cases.
Law Reform (Contributory Negligence) Act states that the judge will award damages and then reduce by a percentage of how much the Claimant contributed to their own harm/injury.
Sayers, Jayes, O’Connell, Stinton, Froom
Consent states that:
D must have precise knowledge of the risk
D must have voluntarily accepted the risk
D must exercise free choice
Nettleship, Baker
Warning signs - how is it used as a defence, use sections and cases
If the occupier has warned the visitor of all dangers, they cannot be liable
s.2(4) states that the warning sign will not be efficient unless ‘in all the circumstances it keeps the visitor reasonably safe’
s.2(5) states that there is no need to warn the visitor if the risk is obvious (Rae, Staples)
Exclusion Clauses - how is it used as a defence
s.2(1) says that an occupier is able to ‘restrict, modify, or exclude his duty by agreement or otherwise.
s.65 Consumer Rights Act states that cannot exclude or avoid liability for death using a consumer notice
