Tort 7 - Occupiers' Liability Flashcards
What are the key legal elements to establish a claim under OLA 1957?
- Defendant is an occupier
- Injury caused by the state of the premises
- Claimant is a visitor
What duty does an occupier owe under OLA 1957?
A duty to take reasonable care to ensure visitors are reasonably safe for the purpose of their visit (s.2(2)).
What does OLA 1957 apply to?
Personal injury and property damage caused by the state of the premises.
How is an ‘occupier’ defined under OLA 1957?
Someone with sufficient control over the premises, not necessarily ownership. There can be multiple occupiers.
Who qualifies as a visitor under OLA 1957?
Someone with express or implied permission, contractual permission, or lawful authority to enter.
When might a visitor become a trespasser under OLA 1957?
If they exceed permission in terms of area, time, or purpose.
What is the standard of care under OLA 1957?
Reasonable occupier, with higher duty for children and potentially lower for professionals.
How are children treated under OLA 1957?
They are owed a higher standard of care; occupiers must consider allurements and foreseeability of meddling.
Can an occupier expect parental supervision under OLA 1957?
Yes, in some cases occupiers can assume young children will be supervised.
How can occupiers discharge their duty under OLA 1957?
By giving sufficient warnings or using independent contractors if reasonable steps are taken.
What three conditions must be met for an occupier to avoid liability when using independent contractors?
- It was reasonable to hire them
- Competency was checked
- Work was reasonably supervised
What defences are available under OLA 1957?
Consent (volenti), contributory negligence, and illegality.
What does OLA 1984 apply to?
Personal injury to trespassers, not property damage.
How is a trespasser defined under OLA 1984?
A person who enters land without invitation and whose presence is unknown or objected to.
Is there an automatic duty of care under OLA 1984?
No, a three-part test must be satisfied.
What is the three-part test to establish duty under OLA 1984?
a) Occupier knows or has reason to believe the danger exists
b) Occupier knows/reasonably believes someone may come into the vicinity
c) Risk is one against which reasonable protection should be offered
What is the standard of care under OLA 1984?
Reasonable steps to prevent injury – similar to negligence.
Can warnings discharge duty under OLA 1984?
Yes, if they take reasonable steps to warn/discourage trespassing (e.g., signs, fences).
What defences are available under OLA 1984?
Consent (volenti), contributory negligence, and illegality.
Can an occupier exclude liability under OLA 1984?
The Act is silent, but common law applies. UCTA and CRA do not apply to trespassers.
Why does the law protect trespassers under OLA 1984?
To uphold human dignity and safety, particularly in cases of known hazards or child trespassers.
