Occupiers Liability

Question 1

Where does occupiers liability come from

Answer 1

Statue and common law

Question 2

What does OLA 1957 concern?

Answer 2

Duty of care owed to visitors

Question 3

What are the two categories of visitors

Answer 3

Lawful visitors

Persons who are not lawful visitors

Question 4

OLA 1957 S1(2)

Answer 4

Does not define who is the occupier but does state that the rules of common law shall apply

Question 5

Under OLA 1957 who is an occupier and which case does this come from

Answer 5

A person who exercises an element of control over a premises

Wheat v Lacon & Co Ltd

Question 6

In Wheat v Lacon & Co Ltd what are the four ways a person is an occupier

Answer 6

1. If a landlord let’s a premises the tenant will be the occupier
2. If a landlord let’s part of a building but retains certain areas then they will be the occupier of those areas
3. If an owner licenses a person to use the premises but reserves the right of entry then the owner is still the occupier
4. If there are contractors employed to carry out work on the premises then the owner will usually remain the occupier although there are cases where they will not

Question 7

Under common law who is a visitor

Answer 7

Anyone who has express or implied permission to enter the premises

Question 8

Under OLA 1957 what 4 ways can someone be a lawful visitor

Answer 8

1. Someone invited to the premises by the occupier
2. Someone who buys a ticket to come onto the land
3. Someone who has not been specifically invited but has implied permission
4. Anyone who has the right in law to enter the premises

Question 9

What kind of duty of care is owed to a visitor under OLA 1957

Answer 9

A common duty of care

Question 10

OLA 1957 S2(3)(a) common duty of care and case

Answer 10

An occupier must be prepared for children to be less careful than adults
Glasgow Corporation v Taylor - 7yr old died after eating poisonous berries in a park, park liable

Question 11

OLA 1957 S2(3)(b) common duty of care

Answer 11

An occupier can expect a person in the exercise of his calling to appreciate and guard against any special risks ordinarily incident to it

Question 12

OLA 1957 S2(4)(a) common duty of care

Answer 12

A warning may discharge the duty of care

Question 13

OLA 1957 S2(4)(b) common duty of care and case

Answer 13

The occupier is not liable for the fault of an independent contractor provided they acted reasonably in entrusting the work to the contractor and took reasonable steps to ensure that the contractor was competent and the work was properly carried out
O’Connor v Swan - plaster fell down in D’s shop, plasterer was liable not D

Question 14

Defences to a claim by a lawful visitor under OLA 1957

Answer 14

Contributory negligence - would reduce the amount of damages awarded to C
Volenti non-fit injuria - D would not have to pay damages
Warning notices - can be a complete defence

Question 15

What is a warning notice under OLA 1957 and cases

Answer 15

Can be oral or written and if it is extremely dangerous barriers or display warnings must be used (Rae v Marrs, Staples v W Dorset District Council. Child visitors may still be a problem depending on warning used.

Question 16

Are occupiers under OLA 1957 and OLA 1984 the same?

Answer 16

Yes

Question 17

1957 OLA does not apply to who?

Answer 17

Trespassers

Question 18

Which cases demonstrate how the common law was harsh on trespassers who were children OLA 1984?

Answer 18

Addie v Dumbrek - 4yr old killed when trespassing, “the trespasser comes on the premises at their own risk”
Law was changed in:
BRB v Herrington - 6yr old badly burned on railway, occupier had not taken reasonable steps to prevent trespassers and was liable

Question 19

What kind of duty of care is owed under OLA 1984

Answer 19

A statutory duty of care

Question 20

S1(3) OLA states that an occupier owes a duty of care if…

Answer 20

1. They are aware of the danger or have reasonable grounds to believe it exists
2. They know or have reasonable grounds to believe a trespasser may be within the vicinity or the danger or may come within the vicinity of the danger
3. The risk is one against which in all the circumstances the occupier may be reasonably expected to offer some protection to the unlawful visitors

Question 21

OLA 1984 S1(4)

Answer 21

The occupiers duty to persons other than visitors is to take reasonable care that they are not injured

Question 22

OLA 1984 Tomlinson v Congleton Borough Council

Answer 22

Dived into a shallow park lake and was paralysed when he hit his head on some rock. Signs clearly prohibited swimming so no duty was owed

Question 23

Defences to a claim by a trespasser under OLA 1984

Answer 23

Contributory negligence - would reduce damages owed to C
Volenti non-fit injuria - where trespasser appreciates nature and degree of the danger, complete defence
Clear warning - effectiveness of the warning may depend or the age and understanding of a child, could be a complete defence (Westword v Post Office)

Question 24

OLA 1984 Lord Hoffman:

Answer 24

Under OLA 1957 a duty of care is owed to all visitors but under OLA 1984 a duty is owed only if certain conditions are met