Occupiers liability 1957 Flashcards
(8 cards)
What duty does the 1957 Act impose on occupiers toward lawful visitors?
A: To take reasonable care to ensure visitors are reasonably safe while on the premises.
(s.2(2) OLA 1957)
How is an “occupier” defined in law?
A person with sufficient control over the premises.
🟦 Key Case: Wheat v Lacon – multiple parties can be occupiers.
Who qualifies as a lawful visitor?
A: Invitees, licensees, and those with contractual or statutory permission to enter.
Q: What special duty is owed to child visitors?
A: Higher standard – occupiers must be prepared for children to be less careful. (Unless to young then responsibility placed on parents)
🟦 Key Case: Glasgow Corp v Taylor – child ate poisonous berries.
Are tradespeople owed a duty?
Yes, but expected to guard against job-related risks.
🟦 Key Case: Roles v Nathan – chimney sweeps inhaled fumes despite warnings.
When is an occupier not liable for independent contractors’ work?
A: If:
It was reasonable to entrust the work,
The contractor was competent,
Work was checked if appropriate.
🟦 Key Case: Haseldine v Daw – lift maintenance.
When can warnings (Disclaimer) be a valid defence under the 1957 Act?
If they make the visitor reasonably safe.
🟦 Key Case: Rae v Mars – warning inside a dark room wasn’t sufficient alone.
What is the defence of volenti under s.2(5)?
If the visitor willingly accepted the risk, the occupier isn’t liable.
🟦 Key Case: Ogwo v Taylor – not valid when visitor (firefighter) had no choice.
