Occupiers Liability (OLA 57)

Question 1

The Occupiers Liability Act 1957
(OLA57)

Answer 1

Liability of owners for the state of their premises for all who enter with permission

Question 2

57 S1.3 What Are Premises

Answer 2

“Land, Buildings, any fixed or moveable structure, including any vessel or vehicle or aircraft”

Question 3

57 S2.2 Common Duty Of Care

Answer 3

“The visitor will be reasonably safe in using the premises for the purpose for which he is invited”

Question 4

Children 57 S2.3 a

Answer 4

“Occupiers must be prepared for children to be less careful than adults”
“Premises must be reasonably safe for a child of that age”

Question 5

57 S2.3 b Persons Exercising a Calling

Answer 5

A person exercising their calling “will appreciate and guard against any special risks ordinarily incident to it”

Question 6

Independent Contractors 57 S2.4 b

Answer 6

Occupier not held liable for work of contractors if contractor hired is competent and if possible checked work

Question 7

Wheat v E Lacon

Answer 7

Guest at pub killed as fell down dangerous stairs. Manager an owner liable as both had control.

Question 8

Staples v West Dorset DC

Answer 8

Algae on beach-slipped and injured-warning not necessary as clearly visible

Question 9

Glasgow Corporation v Taylor

Answer 9

7yr old ate poison berries at park and died. Not fenced, no warnings, berries and allurement-liable

Question 10

Philips v Rochester Corporation

Answer 10

5yr old boy broke leg in building site used by children. D not liable as no sensible parent would allow child to wander off.

Question 11

Perry v Butlins

Answer 11

3 yr old cut on sharp wall-liable

Question 12

Jolly v LB of Sutton

Answer 12

14yr old jacked up abandoned boat and it collapsed leaving him paralysed. What child did was unforeseeable so not liable

Question 13

Roles v Nathan

Answer 13

2 chimney sweeps killed by carbon monoxide gas. Occupiers not liable as sweeps should have been aware of danger. Risk was incidental to trade.

Question 14

Ogwo v Taylor

Answer 14

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

Question 15

Haseldine v Daw

Answer 15

Specialist company maintained lift. Occupier could not check work. Lift fell killed C. Not liable as couldn’t check work.

Question 16

Woodard v Mayor of Hastings

Answer 16

Child slipped on snow covered step. School had contractors clean it up but had not checked work. Held liable

Question 17

Tomlinson v Congleton

Answer 17

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.

Question 18

Edward’s v Sutton

Answer 18

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.

Question 19

Radcliff v McConnell

Answer 19

Man climbed fence and jumped into open air swimming pool at night and got injured. No need to warn obvious danger.

Question 20

Donoghue v Folkstone Properties

Answer 20

Judge said where an adult deliberately risks injury it will be rare they should have to offer protection.

Question 21

OLA 57 S1.3

Answer 21

What are premises

Question 22

OLA 57 S2.2

Answer 22

The common duty of care

Question 23

OLA 57 S2.3 (a)

Answer 23

Children

Question 24

OLA 57 S2.3 (b)

Answer 24

Persons exercising a calling

Question 25

OLA 57 S2.4 (b)

Answer 25

Independent contractors