OLA 1957: Establishing Liability

Question 1

What are the four steps for establishing liability?

Answer 1

1. DOC
2. Standard of care
3. Breach
4. Causation/Remoteness

Question 2

What does s2(2) 57 state

Answer 2

Occupier should take such care, given the circumstances, that is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose they were permitted there.

Question 3

What does s.5 state

Answer 3

DOC is automatically implied in any contract between occupier and contractual visitor.

Question 4

What may make the standard of care more onerous (statute )

Answer 4

If the visitor is a child
S2(3)(a)

Question 5

Cases involving a more onerous standard

Answer 5

Phipps v Rochester Corp
Simkiss v Rhondda

Question 6

What’s the standard if it’s an organised setting (+case)

Answer 6

More onerous - expect extra steps to be made
Perry v Butlins Holiday World

Question 7

When may the standard be less onerous? Cases?

Answer 7

Joint occupiers if they have less control
Wheat v E Lacon
Haddock c Clifton

Question 8

What are the three stages of breach

Answer 8

A. D must have either foreseen the danger posed by the premises of the danger must have been RF
B. Court must identify any precautionary steps that could have been taken
C. Assess whether those steps would have been taken by a reasonable occupier (not for obvious risks)

Question 9

Cases outlining RF of breach?

Answer 9

Wombwell v Grimsby Fish Dock
Dean & Chalter of Rochester Cathedral v Leonard Debell

Question 10

Case for quadrant of factors?

Answer 10

Bolton v stone

Question 11

What does Rf of breach look like

Answer 11

A reasonable occupier must regard the static thing as a presenting real source of danger (not passing)

Question 12

What could also be relevant to Rf?

Answer 12

Whether there were any previous complaints

Question 13

Why are precautionary steps a balancing exercise? (+case)

Answer 13

Tomlinson v congleton - have to balance between the recklessness of the individuals and their choice to take an obvious risk and the enjoyment of harmless activities by responsible third parties

Question 14

Quadrant of factors example cases

Answer 14

Cook v Swansea
Cunningham v Reading FC

Question 15

Cases relating to post accident steps?

Answer 15

Cockerill v CXK
Simpson v Wolverhampton

Question 16

What about steps put in place after the incident?

Answer 16

Not in itself proof of breach but does show more steps could have been taken

Question 17

What about other occupiers?

Answer 17

Bolam type evidence can be considered
Bolitho type requires courts to examine a practice against logic and common sense

Question 18

Bolam type case

Answer 18

Proctor v young - other beaches did the same so weren’t liable

Question 19

What are the 3 escape hatches?

Answer 19

1. Skilled visitor defence
2. Conveyed through warning signs
3. Independent contractor

Question 20

Statute on First escape hatch

Answer 20

S2(3)(b) if someone enters your property with a specific skill he needs to appreciate the risks that are specific to his job

Question 21

Case examples of obvious risks

Answer 21

Darby v national trust
Risk v college
Laceration v kiapasha

Question 22

Case examples of non obvious risks

Answer 22

Lough v intruder detention
Glasgow v city corp v Taylor

Question 23

What is the rule on obvious risks

Answer 23

Visitors are compelled to accept responsibility for the obvious risks that they choose to run by undertaking inherently risk activities

Question 24

What does the statute say on the second escape hatch

Answer 24

S2(4)(a) only relevant to risks which aren’t obvious - there must be a warning which is sufficient enough to enable reasonable safety.

Question 25

Case examples on first escape hatch

Answer 25

Roles v Nathan
Eden v west

Question 26

Case examples on second hatch

Answer 26

George v coastal marine
Woollins v British Celanese

Question 27

Statute on final hatch

Answer 27

S4(b) if someone is injured because of an independent contractor they may want to sue

Question 28

Why might the occupier get sued instead of independent contractor (+case)

Answer 28

Making v Drumgath Parish
Might be uninsured, may have gone into liquidation, cannot be located

Question 29

Requirements for third hatch

Answer 29

1.Cs injury must be cause by danger creased by independent contractor
2. Injury was due to faulty execution if work by contractor
3. D acted reasonably in entrusting work from contractor
4. D took reasonable steps to satisfy himself that contract was competent and that work had been properly done

Question 30

What if the contractor was uninsured?

Answer 30

D can still be shown to have satisfied himself that the context was competent
Unless…
They were carrying out a hazardous activity
The occupier would not have performed the activity without insurance

Question 31

Uninsured independent contractor cases

Answer 31

Naylor v Paling
William v West Hertfordshire Hospital

Question 32

General independent contractor cases

Answer 32

Jones v BBC
Maguire v Sefton

Question 33

Causation cases

Answer 33

Darby v national trust

Question 34

Requirement for remoteness?

Answer 34

Where d should take precautionary steps , and had it been taken C would not have entered the premises, but then C entered and suffered a different type of injury, is it too remote?

Question 35

Meeting causation requirements

Answer 35

Even if D had taken precautionary steps to protect visitor, if C’s injuries would have happened anyway, causation would fail

Question 36

What applies in relation to remoteness and causation

Answer 36

The general negligence principles apply

Question 37

What is the remedy (statute)?

Answer 37

S.1(3)(b) damages for both personal injury and property damage resolvable