Occupiers' Liability - Lawful Visitors Flashcards
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Which OLA act governs lawful visitors?
OLA 1957
Name the stages of the OLA 1957 test
- D must be an occupier
- The event must have happened on premises
- C must be a lawful visitor
- Type of duty of care owed
- Specific defences
- General defences
Which authority says that the D is an O?
S1(2) OLA 1957
What info does Wheat v Lacon provide?
- There can be more than one occupier
- An occupier is someone with a sufficient degree of control over the premises
What info does Harris v Birkenhead Corporation provide?
An occupier doesn’t have to have proprietary interest in the property
What info does Bailey v Armes provide?
It is possible for no one to have control over the premises
Which authority defines a premises?
S1(3)(a) OLA 1957
What is the meaning of premises?
A fixed or moveable structure, including any vessel, vehicle and aircraft
Name the wider range of structures included in premises
Ships in dry dock - London Graving Dock
Vehicles - Hartwell v Grayson
Lifts - Haseldine
Ladders - Wheeler v Copas
Which authority governs lawful visitors?
S1(2) OLA 1957
What are the examples of lawful visitors?
- invited people
- licensees (implied permission)
- someone with a contractual agreement
- someone with legal rights (metre readings)
What info does Lowery v Walker provide?
A trespasser can become a lawful visitor with expressed permission of the O is aware of their trespassing and fails to do something about it
What info does The Calgarth provide?
When a lawful visitor exceeds their permission, they become a trespasser
What is the duty of an occupier under S2(2)?
To take reasonable care to keep visitors reasonably safe
What info does Kiapasha provide?
There is no obligation to make the visitors completely safe
What does S2(3)(a) OLA 1957 provide?
The duty of care required for a child is not the same as an adult, an O will be expected to apply a higher duty of care for a child
What info does Glasgow provide?
If an allurement exists, there will be no liability on the O if the harm caused was unforeseeable
What info does Phipps v Rochester provide?
If it is expected that a young child would be in the care of an adult, the O will not be held liable if injury occurs
What does S2(3)(b) OLA 1957 govern?
A professional person will be unable to claim against the O for harm suffered on their premises if the harm was linked to their line of work
What info does Roles v Nathan provide?
Professionals should be aware of the danger in their roles
What info does Ogwo v Taylor provide?
An O will be held liable for harm caused to a rescuer, as long as they were acting accordingly to the rescue and the harm suffered was related to why the rescue was needed
Which authority governs the defence against independent contractors?
S2(4)(b) OLA 1957
What is the first test of the IC defence?
It was reasonable for the occupier to get the independent contractor to carry out the work
(Haseldine v Daw)
What is the second test of the IC defence?
The contractor must be competent to carry out the work
(Bottomley)
What is the third test for the IC defence?
The occupier must check the work has been completed properly
(Woodward)
Which authority governs warning signs?
S2(4)(a) OLA 1957
When will a warning sign be effective?
If it was enough to keep the visitor reasonably safe in all the circumstances
What info does Rae v Mars provide?
If the premises are extremely dangerous, the visitor should be given specific notice of the danger
What info does Darby v National trust provide?
If there is an obvious danger, a notice sign is not required
What info does S65 Consumer Rights Act 2005 provide?
A trader cannot restrict liability in relation to personal injury or death, if it resulted due to negligence
