ola 57 ao1 Flashcards
lawful visitors
lega principale governing ol to lawful visitors
Occupiers’ Liability Act 1957
“occupiers” defined under ola 57
someone in control of the premises ( wheat v lacon)
premises defined under ola 57
land, buildings, / any fixed/ movable structure
wheeler v copas
who’s a lawful visitor under ola 57
invitees, licensees , someone with a contractual / legal right to enter
common duty of care under section 2 (!) of ola 57
Establish a common duty of care owed to all lawful visitors
Under section 2 2
Requires occupiers to keep visitors reasonably safe for purpose which they were invited
how does ola 57 address children as visitors
higher duty of care owed under section 2 (3)(a)
glasgow corporation v Taylor
must be prepared that children will be less careful on their own safety
Moloney v Lambeth LBC
what should occupiers assume about young children
they’re being supervised by someone
Phipps v rochester corporation
what must occupiers be aware of - allurement
potential allurement , may attract children egg bright coloured poisonous berries
( glasgow coropation v taylor)
BUT
if there’s allurement but loss isn’t foreseeable, no liability
est- jolley v London borough of Sutton
what duty is owed to tradesman and workers
section 23b, must guard against risks that are apart of their job
- if the risk is something they shoudl reasonably know about , occ- not liable
roles v nathan
when is an occupier not liable for work completed by an independent contractor
s24b IF
- it was reasonable to hire an ic ( hazeldine v daw)
- ic was competent ( bottomley v todmorden cricket club)
- occupier checked worked if possible
can occupier discharge their duty with warning sign
yes, under s4a, warning sign is adequate
rae v mars ltd
what is the consent defence under ola 57
s25
lawful visitor willingly accepts the risk
occupier not liable
What is contributory negligence?
if visitor contributes to their own harm , compensation is reduced
law reform contributory negligence act 1945
what type of test is done to determine if an occupier has met their duty
- judged by whether they acted reasonably to make sure visitors are reasonably safe
does 57 apply to all types of lawful visitors
yes
