Occupiers Liability (OLA 57) Flashcards
The Occupiers Liability Act 1957
(OLA57)
Liability of owners for the state of their premises for all who enter with permission
57 S1.3 What Are Premises
“Land, Buildings, any fixed or moveable structure, including any vessel or vehicle or aircraft”
57 S2.2 Common Duty Of Care
“The visitor will be reasonably safe in using the premises for the purpose for which he is invited”
Children 57 S2.3 a
“Occupiers must be prepared for children to be less careful than adults”
“Premises must be reasonably safe for a child of that age”
57 S2.3 b Persons Exercising a Calling
A person exercising their calling “will appreciate and guard against any special risks ordinarily incident to it”
Independent Contractors 57 S2.4 b
Occupier not held liable for work of contractors if contractor hired is competent and if possible checked work
Wheat v E Lacon
Guest at pub killed as fell down dangerous stairs. Manager an owner liable as both had control.
Staples v West Dorset DC
Algae on beach-slipped and injured-warning not necessary as clearly visible
Glasgow Corporation v Taylor
7yr old ate poison berries at park and died. Not fenced, no warnings, berries and allurement-liable
Philips v Rochester Corporation
5yr old boy broke leg in building site used by children. D not liable as no sensible parent would allow child to wander off.
Perry v Butlins
3 yr old cut on sharp wall-liable
Jolly v LB of Sutton
14yr old jacked up abandoned boat and it collapsed leaving him paralysed. What child did was unforeseeable so not liable
Roles v Nathan
2 chimney sweeps killed by carbon monoxide gas. Occupiers not liable as sweeps should have been aware of danger. Risk was incidental to trade.
Ogwo v Taylor
D negligently set fire to their house. C firefighter injured putting out fire. Had little choice but to do job, as result could not rely on S2.3 b so claim succeeded
Haseldine v Daw
Specialist company maintained lift. Occupier could not check work. Lift fell killed C. Not liable as couldn’t check work.
Woodard v Mayor of Hastings
Child slipped on snow covered step. School had contractors clean it up but had not checked work. Held liable
Tomlinson v Congleton
Man entered a park as a lawful visitor and would be judged under OLA 57. He then jumped into lake which had warning signs so OLA 84.
Edward’s v Sutton
Claimant badly injured after falling of bridge in park width of bridge was clear. No need to give warning as obvious danger. Not liable. Stops compensation culture.
Radcliff v McConnell
Man climbed fence and jumped into open air swimming pool at night and got injured. No need to warn obvious danger.
Donoghue v Folkstone Properties
Judge said where an adult deliberately risks injury it will be rare they should have to offer protection.
OLA 57 S1.3
What are premises
OLA 57 S2.2
The common duty of care
OLA 57 S2.3 (a)
Children
OLA 57 S2.3 (b)
Persons exercising a calling
OLA 57 S2.4 (b)
Independent contractors