OLA 1957: Establishing Liability Flashcards
What are the four steps for establishing liability?
- DOC
- Standard of care
- Breach
- Causation/Remoteness
What does s2(2) 57 state
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.
What does s.5 state
DOC is automatically implied in any contract between occupier and contractual visitor.
What may make the standard of care more onerous (statute )
If the visitor is a child
S2(3)(a)
Cases involving a more onerous standard
Phipps v Rochester Corp
Simkiss v Rhondda
What’s the standard if it’s an organised setting (+case)
More onerous - expect extra steps to be made
Perry v Butlins Holiday World
When may the standard be less onerous? Cases?
Joint occupiers if they have less control
Wheat v E Lacon
Haddock c Clifton
What are the three stages of breach
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)
Cases outlining RF of breach?
Wombwell v Grimsby Fish Dock
Dean & Chalter of Rochester Cathedral v Leonard Debell
Case for quadrant of factors?
Bolton v stone
What does Rf of breach look like
A reasonable occupier must regard the static thing as a presenting real source of danger (not passing)
What could also be relevant to Rf?
Whether there were any previous complaints
Why are precautionary steps a balancing exercise? (+case)
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
Quadrant of factors example cases
Cook v Swansea
Cunningham v Reading FC
Cases relating to post accident steps?
Cockerill v CXK
Simpson v Wolverhampton
What about steps put in place after the incident?
Not in itself proof of breach but does show more steps could have been taken
What about other occupiers?
Bolam type evidence can be considered
Bolitho type requires courts to examine a practice against logic and common sense
Bolam type case
Proctor v young - other beaches did the same so weren’t liable
What are the 3 escape hatches?
- Skilled visitor defence
- Conveyed through warning signs
- Independent contractor
Statute on First escape hatch
S2(3)(b) if someone enters your property with a specific skill he needs to appreciate the risks that are specific to his job
Case examples of obvious risks
Darby v national trust
Risk v college
Laceration v kiapasha
Case examples of non obvious risks
Lough v intruder detention
Glasgow v city corp v Taylor
What is the rule on obvious risks
Visitors are compelled to accept responsibility for the obvious risks that they choose to run by undertaking inherently risk activities
What does the statute say on the second escape hatch
S2(4)(a) only relevant to risks which aren’t obvious - there must be a warning which is sufficient enough to enable reasonable safety.
Case examples on first escape hatch
Roles v Nathan
Eden v west
Case examples on second hatch
George v coastal marine
Woollins v British Celanese
Statute on final hatch
S4(b) if someone is injured because of an independent contractor they may want to sue
Why might the occupier get sued instead of independent contractor (+case)
Making v Drumgath Parish
Might be uninsured, may have gone into liquidation, cannot be located
Requirements for third hatch
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
What if the contractor was uninsured?
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
Uninsured independent contractor cases
Naylor v Paling
William v West Hertfordshire Hospital
General independent contractor cases
Jones v BBC
Maguire v Sefton
Causation cases
Darby v national trust
Requirement for remoteness?
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?
Meeting causation requirements
Even if D had taken precautionary steps to protect visitor, if C’s injuries would have happened anyway, causation would fail
What applies in relation to remoteness and causation
The general negligence principles apply
What is the remedy (statute)?
S.1(3)(b) damages for both personal injury and property damage resolvable
