OLA 1957

Question 1

What is an occupier?

Answer 1

Someone with ownership or control over the premises, it can be more than one person.

Question 2

Who is a lawful visitor?

Answer 2

Someone with express or implied permission to be within the premises.

Question 3

Who is a trespasser?

Answer 3

Someone without express or implied permission to be within the premises, or someone who goes beyond their permission.

Question 4

What would amount to premises?

Answer 4

Any fixed or moveable structure

Question 5

s1 (2)

Answer 5

The occupier owes a “common duty of care” to all his visitors

Question 6

s2 (2)

Answer 6

The occupier must take reasonable steps to ensure the safety of their visitor(s).

Question 7

Laverton v Kiapasha Takeaway Supreme

Answer 7

The occupier does not have to ensure the visitor’s absolute safety but instead ensures they are reasonably safe.

Question 8

Wheat v Lacon - dimly lit staircase, fractured skull, death

Answer 8

An occupier must have some form of control over the premises. There can be more than one occupier.

Question 9

s2 (3)a

Answer 9

An occupier must be prepared for children to be less careful than adults

Question 10

Glasgow v Taylor

Answer 10

If a danger creates an allurement, extra care needs to be taken in order to make sure children do not interact with it

Question 11

Phipps v Rochester Corporation

Answer 11

An occupier is entitled to assume a child will be under the supervision of a prudent adult

Question 12

Moloney v Lambeth Borough Council

Answer 12

If it is foreseeable that a child will be present within an area, that area must be reasonably safe for a child to use.

Question 13

occupier case

Answer 13

Laverton V Kiapasha Takeaway

Question 13

s2 (3)b

Answer 13

An occupier is entitled to assume a specialist visitor will be aware of the dangers and will protect themself against it

Question 14

Roles v Nathan

Answer 14

If a specialist is warned of any further dangers, they are far less likely to succeed in a claim if they choose not to follow the warning.

Question 15

s2 (4)a

Answer 15

Where an occupier has warned a visitor of danger by way of a warning sign, which is clear and visible in all circumstances of the case, the occupier is absolved of all liability

Question 16

s2 (4)b

Answer 16

The occupier can “pass the blame” towards an independent contractor if:
- In all circumstances he had acted reasonably in entrusting the work to an independent contractor - Woodward v The Mayor of Hastings
- Had taken such steps (if any) as he reasonably ought to in order to satisfy himself that the contractor is competent - Bottomley v Todmorden Cricket Club
- Had taken steps to check if the work had been properly done - Haseldine v Daw

Question 17

Defences:

Answer 17

• Contributory Negligence - Restricting liability
• Volenti - Modifying Liability
• Exclusion Clauses - Excluding liability

Question 18

sufficient warning but must be enough to protect

Answer 18

Rae V Mars

Question 19

Specialist visitor s2(3)b

Answer 19

Roles V Nathan

Question 20

Warning Sign s2(4)a cases

Answer 20

Haseldine V Daw and Son
Bottomley V todmorden CC
Woodward V Mayor of Hastings

Question 21

Remedies:

Answer 21

A successful claimant can claim damages for death and personal injury. Under s.1(3) OLA 1957 he can also claim for damages to property (including damage to the property of someone other than himself) and any consequential economic loss resulting from damage to property such as the costs of recovery.