Occupiers' Liability - Visitors Flashcards
Occupiers’ Liability - Visitors:
OLA 1957
Occupiers Liability Act 1957
Occupiers’ Liability - Visitors:
s.2(2) OLA 1957
Under s.2(2) OLA 1957, the occupier owes a duty to take such care as is reasonable in all the circumstances to see that the visitor is reasonably safe in using the premises for the purpose for which he is permitted to be there.
Occupiers’ Liability - Visitors:
Duty of care
C must show:
- C has suffered loss due to state of premises
- D is an occupier
- C is a visitor
Occupiers’ Liability - Visitors:
s.1(3)(a) OLA 1957
Broad definition of premises - open land; fixed and movable structures (includes vessels, vehicles)
Occupiers’ Liability - Visitors:
If claimant is injured due to naturally occurring features (eg rabbit holes)…
…his injuries may not have been due to ‘the state of the premises’.
Occupiers’ Liability - Visitors:
Wheat v E Lacon
An occupier is anyone with a ‘sufficient degree of control over the premises’. This includes:
- someone other than owner;
- multiple individuals; and
- independent contractor if they have required degree of control over area working in
Occupiers’ Liability - Visitors:
A C Billings
Where a contractor is NOT an occupier, may still be liable for Negligence
Occupiers’ Liability - Visitors:
s.1(2) OLA 1957
Anyone with express or implied permission to be there is a visitor
Occupiers’ Liability - Visitors:
s.2(6) OLA 1957
Someone in exercise of a legal right could have implied permission to be there (ie fireman)
Occupiers’ Liability - Visitors:
s.5(1) OLA 1957
Someone on the property under terms of contract may have implied permission to be there
Occupiers’ Liability - Visitors:
Visitor exceeding permission
If C has exceeded his permission, he becomes a trespasser
Occupiers’ Liability - Visitors:
s.2(2) OLA 1957 (test for breach of duty)
The defendant will have breached the duty of care owed to the claimant if his conduct fell below the standard of a reasonable occupier’
Occupiers’ Liability - Visitors:
Factors to consider for whether there has been a breach
- Nature of danger
- Purpose of visit; and
- How long danger had been on premises
Occupiers’ Liability - Visitors:
s.2(3)(a) OLA 1957
Children are owed a higher standard of care
Occupiers’ Liability - Visitors:
s.2(3)(b) OLA 1957
Visitors coming to exercise their skills are special visitors.
Occupier can expect these visitors to appreciate and safeguard against risks that are incident to their job (but must be linked to job)
Roles v Nathan
Occupiers’ Liability - Visitors:
Warning Notices
Warning notices will amount to compliance with, and will discharge an occupier’s common duty of care (if it meets conditions)
Occupiers’ Liability - Visitors:
s.2(4)(a) OLA 1957
A warning needs to be sufficient to enable the visitor to be reasonably safe
Occupiers’ Liability - Visitors:
Factors to consider for warning notice
Location of notice
How specific notice is
Is danger hidden or obvious?
Who is visitor in question?
Occupiers’ Liability - Visitors:
s.2(4)(b) OLA 1957
Occupier will not be liable for injury by faulty work of independent contractors if:
- Occupier acted reasonably in entrusting work to contractor
- Occupier took reasonable steps to check contractor was competent
- Occupier took reasonable steps to check work was completed properly
Occupiers’ Liability - Visitors:
Haseldine v Daw and Son
If the work is of a technical nature, cannot reasonably be checked by occupier
Occupiers’ Liability - Visitors:
Defences available
- Consent
- Contributory Negligence
- Exclusion of Liability (UCTA + CRA apply)
Occupiers’ Liability - Visitors:
s.2(5) OLA 1957
For consent, C must have known of precise risk that caused injury and, as shown by conduct, must have willingly accepted risk
Occupiers’ Liability - Visitors:
s.2(1) OLA 1957
D may rely on an exclusion notice to escape liability
Occupiers’ Liability - Visitors:
White v Blackmore
An exclusion notice is valid if:
- It is clearly worded; and
- Reasonable steps are taken to draw visitor’s attention to notice