Occupiers’ Liability: OLA 1957- Visitors

Question 1

What are Express Permission Visitors?

Answer 1

Invitees with a specific invite, or those with contractual permission such as a ticket for an event.

Question 2

What are Implied Permission Visitors?

Answer 2

Thos making deliveries plus those with an “implied licence” who for a long time have entered the occupier’s premises as a trespasser without complaint.

Question 3

When will a person become a trespasser?

Answer 3

When a person goes beyond the permission given.

Question 4

What does S1(1) state?

Answer 4

An occupier owes a duty of care to a trespasser in respect of “injury on the premises by reason of any danger due to the state of the premises”.

Question 5

What does S1(2) state?

Answer 5

The occupier is the person with control over the premises.

Question 6

What is a premises?

Answer 6

S1(3)(a) of the OLA 1957 defines premises widely as any “fixed or moveable structure, including any vessel, vehicle and aircraft”, and could even include a ladder.

Question 7

Under S2(1) what does the occupier owe the visitor?

Answer 7

“A common duty of care”.

Question 8

Under S2(2) what must the occupier take care of?

Answer 8

The occupier must “take such care as in all circumstances of the case is reasonable to see that the visitors will be reasonably safe in using the premises for the purpose for which they’re invited”.

Question 9

What degree must the occupier make sure the visitor is safe to?

Answer 9

To make sure the visitor is REASONABLY safe, not completely safe.

Question 10

Under S2(3)(b) an occupier can expect a skilled visitor when carrying out work will what?

Answer 10

“Appreciate and guard against any special risks ordinarily incidental to it”. This does not apply to rescuers.