Occupier's Liability Flashcards
(28 cards)
What is occupiers’ liability?
It is the liability imposed on an occupier for loss caused by the state or condition of premises, governed primarily by statute (OLA 1957 and OLA 1984), and extending traditional negligence rules.
What are the two main statutes for occupiers’ liability?
OLA 1957: covers duty owed to visitors
OLA 1984: covers duty owed to non-visitors (trespassers)
What kinds of loss are recoverable under each Act?
OLA 1957: Personal injury and property damage
OLA 1984: Personal injury only
What duty is owed under s.2(2) OLA 1957?
A duty to take reasonable care to see that the visitor will be reasonably safe in using the premises for the permitted purposes.
What is the duty owed under s.2(1) OLA 1957?
Occupiers owe this duty to all their visitors.
What are the three preliminary issues under OLA 1957?
Who is the occupier?
What are the premises?
Who is the visitor?
What is the definition of an occupier?
A person with sufficient degree of control over the premises
Can there be multiple occupiers?
Yes. Responsibility may be shared, and duties may relate to different parts or risks.
What does ‘premises’ include?
Includes any fixed or moveable structure, such as a ladder
What are the four types of lawful visitor under the OLA 1957?
Express permission
Implied permission
Lawful authority
Contractual permission
Can permission be limited?
Yes, by:
Area
Time
Purpose
What is implied permission?
Arises through conduct or acceptance (e.g. Lowery v Walker – 35 years of tolerated use = licence).
What is lawful authority?
Persons with statutory rights (e.g. police, gas officials) are lawful visitors, even without permission.
What is the standard of care under OLA 1957?
That of a reasonable occupier (objective test).
What special standards apply?
Children: higher standard
Professionals: lower standard
When can warnings discharge duty?
if sufficient to enable reasonable safety
When can occupiers escape liability for contractors?
If they act reasonably in:
Hiring
Selecting
Supervising/checking
Are causation and remoteness expressly defined in OLA 1957?
No – apply general negligence principles.
What defences are available under OLA 1957?
Consent
Contributory negligence
Illegality
What duty is owed to non-visitors under OLA 1984?
duty to take reasonable care to avoid injury from the danger on the premises.
What types of loss are recoverable under OLA 1984?
Physical injury only – no claim for property damage.
When is duty owed to a trespasser?
Aware of the danger (or should be)
Aware that others may come near it
Reasonable to offer some protection
When are warnings effective?
Where they discourage trespass or bring the danger to attention.
What defences are available under OLA 1984?
Consent
Contributory negligence
Illegality – not expressly preserved, unlikely to succeed
