Occupiers liability

Question 1

Occupiers liability - statutory provisions

Answer 1

Occupiers Liability Act 1957 OLA 1957
and
Occupiers Liability Act 1984 OLA 1984

Question 2

OLA 1957 - what does it cover

Answer 2

Covers visitors

Question 3

OLA 1984

Answer 3

Covers person other than visitors

Question 4

Covers visitors

Answer 4

OLA 1957

Question 5

Covers person other than visitors

Answer 5

OLA 1984

Question 6

What does OLA 1957 apply to

Answer 6

Land/Buiuldings but also fixed and moveable structures including any vessel/vehicle or aircraft

Question 7

OLA 1957 provides for

Answer 7

PI to visitors including Personal property of people who are not visitors

Question 8

Who is an occupier

Answer 8

Under either OLA 1957 or OLA 1984 a person is a occupier wherever a person has sufficient control over premises that they ought to realise any failure on their part could cause injury

Question 9

Does the occupier need to be in actual occupation of the premises

Answer 9

No just to have sufficient control

Question 10

Visitors

Answer 10

A duty of care is owed to all lawful visitors

Question 11

Are trespassers lawful visitors

Answer 11

No OLA 1957 would not apply to trespassers

Question 12

When can a trespasser be converted to a lawful visitor

Answer 12

In order to do practical justice or if the trespasser is a child that has been allured by something

Question 13

What duty is owed

Answer 13

Common duty of care to all lawful visitors

Question 14

Must take reasonable care

Answer 14

Must make reasonable effort in the circumstance to mitigate the danger

Question 15

Particular vulnerability

Answer 15

Occupier must take extra steps if the visitor has a particular vulnerability - burden is higher

Question 16

Guarding against obvious danger

Answer 16

No duty to warn adults of dangers that should be obvious

Question 17

Obvious dangers exception

Answer 17

If there is a breach of statutory duty then a claim can be brought even if the danger is obvious

Question 18

Children

Answer 18

OLA 1957 S2(3)(a) - Children less careful then adults, However this does not mean that a parent or guardian can shift the burden.

Question 19

Older Children

Answer 19

Teenagers actions can be unpredictable and cases involving teenagers may fail the reasonable foreseeability test

Question 20

Common calling (person doing a job)

Answer 20

S2(3)(b) OLA1957 an occupier can expect that a person doing a job will guard against any special risk associated with the job

Question 21

Warnings

Answer 21

An occupier may discharge the duty by warning visitors of the danger but this is limited OLA (s2(4)(a)

Question 22

Warnings to be effective

Answer 22

To be effective they must specific any only apply to dangers that are not obvious

Question 23

Deliberate acts

Answer 23

warning do not apply if the actions of the c are deliberate rather then accidental

Question 24

Independent contractors

Answer 24

S2(4)(b) OLA 1957

Question 25

How to discharge for work done by independent contractors

Answer 25

Must have acted reasonably in entrusting the work to a contractor and selected the contractor with care work must be properly supervised and checked - Competent contractors

Question 26

Defences

Answer 26

Volenti and contrib neg

Question 27

Exclusions contracts

Answer 27

Unfair contract terms Act 1977/CRA 2015

Question 28

OLA 1984 covers

Answer 28

Covers for unlawful visitors(trespassers) and covers death /PI but not damage to property