Occupiers Liabilty Act 1957 Flashcards
Who is an occupier?
- Occupiers of premises who may but do not have to be the owner or tenant of the premises
- Key concept is control
Case for Occupier
- Wheat v Lacon 1966
- Manager of pub was occupied as he was in control of the premises
What section are premises defined under?
s.1(2)
What is included under premises?
- Land
- Buildings
- Houses
- Vehicles
- Ladders
- Bouncy castles
Who is a lawful visitor under the OLA 1957?
- Express or implied permission to enter premises
- Contractual/legal right to enter
What does the duty of care cover?
Dangers due to the state of the premises
What can a lawful visitor claim for?
Personal injury and property damage
Which section lays out duty of care?
s.2(2)
What is the duty of care
To take such care as in all the circumstances is reasonable to keep the visitor reasonably safe for the purpose for which they are invited
Case for duty of care
- Laverton v Kiapasha Takeaway 2002
- No duty to keep visitors completely safe, only what is reasonable to do
- Must be a real source of danger (Rochester Cathedral v Debell 2016)
Which section sets out child visitors?
s.2(3)(a)
What is said about child visitors?
- Occupier must be prepared for children to be less careful than adults
- Higher standard of care
Case for children
- Jolley v Sutton 2000
- Boat was attractive to children and some injury was foreseeable is children played with it
Very young children case
- Phipps v Rochester Corporation 1955
- Child was too young to be playing on their own, fault lay with the parents
Which section sets out professional visitors?
S.2(3)(b)
What is said about professional visitors?
A person in the exercise of their trade will appreciate and guard against any risks they ought to know about through their work
Case for professional visitors
- Roles v Nathan 1963
- Died from inhaling poisonous fumes
- Should have known about it through work
What are the 5 defences to claims by lawful visitors?
- Independent contractors
- Warning signs
- Exclusion clauses
- Contributory negligence
- Consent
Independent contractors
- 1) Reasonable to hire a contractor
- 2) Reasonable precautions taken to ensure contractor was competent
- 3) Reasonable checks taken to inspect the work
Case for independent contractors
Haseldine v Daw 1941
What section is defence of independent contractors under?
s.2(4)(b)
What section is the defence of warning notices under?
s.2(4)(a)
Warning notices
Effective warning of the danger: must be sufficient to enable the visitor to be reasonably safe
Case for Warning notices
Rae v Marrs 1990
Obvious danger
- If the danger is really obvious, there may be no need for a warning sign
- Staples v West Dorset 1995
Exclusion clauses
Restrict or prevent a duty from arising: restrict liability for death/personal injury/ property damage
Contributory negligence
Degree of care visitor is expected to take for their own safety
Consent
Claimant willingly accepts risk of negligence
