OLA1957 Flashcards
What is the test to determine an occupier?
One of control
Example: Wheat v Lacon (manager of pub had control over premises)
What does ‘premises’ include in the context of occupiers’ liability?
Includes land, buildings, houses, vehicles, and fixed or moveable structures
Examples: lifts, ladders, bouncy castles
Who does the Occupiers’ Liability Act 1957 apply to?
Lawful visitors
Includes those with express or implied permission to enter premises
What can visitors claim under the Occupiers’ Liability Act 1957?
Personal injury and damage to property arising from the state of premises
What is the common duty of care under s.2(2) of the Occupiers’ Liability Act 1957?
To take reasonable care to keep the visitor reasonably safe for the purpose of their visit
What case established that wet floor signs were sufficient to discharge the duty of care?
Laverton v Kiapasha Takeaway
What did the case Rochester Cathedral v Debell conclude about uneven paving slabs?
Did not pose a real source of danger; visitors could be expected to take reasonable care
What special consideration must occupiers have for child visitors under s.2(3)(a)?
Occupier must be prepared for children to be less careful than adults
What case involved boys playing on an abandoned boat concerning child visitors?
Jolley v Sutton LBC
What is the expectation for parental supervision for child visitors?
Expected where the child is particularly young
Example: Phipps v Rochester Corporation (5-year-old playing unaccompanied)
What can occupiers expect from professional or skilled visitors under s.2(3)(b)?
Tradespersons to guard against special risks associated with their job
What case involved chimney sweeps inhaling poisonous fumes?
Roles v Nathan
What is one defense to a claim by a lawful visitor under s.2(4)(a)?
Warning notices must give effective warning of danger
What case demonstrated that a sign could not be seen in the dark?
Rae v Marrs
Which dangers do not require a warning sign according to s.2(4)(a)?
Obvious dangers
What case involved algae-covered rocks as an obvious danger?
Staples v West Dorset
What is a defense under s.2(4)(b) regarding independent contractors?
Must have been reasonable to entrust work to a contractor
What case involved a lift repair concerning independent contractors?
Haseldine v Daw
What must occupiers do to ensure a contractor is competent?
Take reasonable precautions
What case involved an uninsured firework display team?
Bottomley v Todmorden Cricket Club
What should occupiers do if possible regarding contractor work?
Inspect the work
What case involved a visual inspection revealing icy steps?
Woodward v Mayor of Hastings
What does the Occupiers’ Liability Act 1984 apply to?
Trespassers
How is a trespasser defined?
A person without permission or authority to be on premises
What must a claimant prove under s.1(3) of the Occupiers’ Liability Act 1984?
All three elements regarding awareness of danger, knowledge of trespasser, and reasonable expectation of protection
What case involved an occupier unaware of danger at the bottom of a lake?
Rhind v Astbury
What must an occupier know about a trespasser’s potential presence?
Must know or have reasonable grounds to believe trespasser may come near the danger
What case involved a police officer conducting surveillance?
Higgs v Foster
What is the rule regarding obvious dangers for trespassers?
No liability for obvious dangers
What case demonstrated no liability for a drunk student diving into a shallow pool?
Ratcliff v McConnell
What does s.1(4) of the Occupiers’ Liability Act 1984 require from occupiers?
To take reasonable care to ensure the trespasser does not suffer injury
What does the time of day/year impact regarding liability for trespassers?
May affect liability
Example: Donoghue v Folkestone Properties
Is there a need to spend lots of money to make premises safe for trespassers?
No need to spend lots of money
What case involved a council warning people not to swim in a lake?
Tomlinson v Congleton
What is the consideration for child trespassers?
Same rules apply for child trespassers
What case involved an 11-year-old playing on a fire escape?
Keown v Coventry NHS
What must warning notices do for trespassers under s.1(5)?
Make danger clear
What case involved warning notices and a child trespasser?
Westwood v Post Office
