(RED) OLA Flashcards
OLA 57
Liability of occupiers for state of premises for those who enter with permission
personal injury AND property
Express Permission
invited on to premises including buying ticket etc
Implied permission
Where you would expect t be able to enter e.g postman and letterbox
Wheat V E Lacon
Occupier is anyone who has control over the premesis
Premises
“land, buildings, any fixed or moveable structure, including any vessel, vehicle or aircraft”
Common duty of care
S2 (2)
“visitor will be reasonably safe in using premises for purpose for which he is invited”
Staples V West Dorset DC
Algae on beach
No warning necessary if danger is clearly visible
Children
S2 (3) (a)
“occupier must be prepared for children to be less careful than adults”
“premises must be reasonably safe for a child of that age”
Glasgow Corporation V Taylor
Poisonous berry’s in park
Allurement
Perry V Butlins
Sharp wall
Premises not safe for a child of that age
Jolley v LB of Sutton
Jacked up abandoned boat
Allurement - but not forseeable they would jack it up so NL
PEC
a person in the exercise of their calling “will appreciate and guard against any special risks ordinarily incident to it
Roles V Nathan
Chimney sweeps killed by carbon monoxide gas
Persons exercising calling - risk incidental to the trade
Not liable
Phipps V Rochester Corporation
5 yo on building site
No sensible parent would allow child - NL
Ogwo V Taylor
Set fire to house negligently, firefighter injured
No care wouldve protected, no choice but to do job - L
Independent contractors
S2 (4) (b)
occupier will not be held liable if:
- reasonable steps to ensure contractor competent
- check work if possible
Haseldine V Daw
incompetent lift repair
occupier could not possibly check work - NL
Woodward V Mayor of Hastings
child slipped school
occupiers liable if not checked contractors work
Defences
contributory
volenti
warnings
exclusion cause - cannot exclude death or personal injury
OLA 84
trespassers
personal injury NOT property
Tomlinson V Congleton
jumped in lake with signs
became a tresspasser
Occupier owes a duty if
Aware of danger or has reasonable grounds to believe it exists
Know or have reasonable grounds to believe that person is in vicinity of danger concerned - Swain v Natui Ram Puri, Scott V ABP, Glasgow corp v taylor
Risk is one which in all circumstances occupier may reasonably be expected to offer some protection from - Platt V Liverpool
Swain V Natui Ram Puri
9 yo injured climbing on roof
occupier had no reasonable grounds to believe child might enter vicinity - NL
Scott V ABP
2 incidents 4 years apart
owe DOC d]second time - aware they could enter vicinity
Platt v Liverpool
killed in derelict building, secured and regularly checked
Had done all that was reasonable in all circumstances
