OLA 1957 Flashcards
Introduction?
Occupiers Liability is a branch of negligence that comes from statute law, there are two separate types. Occupiers liability for lawful visitors as set out by the 1957 act sets out that an occupier of premises owes a duty of care to lawful visitors. Occupiers liability for negligence is set out by the 1984 act sets out a similar law for trespassers who are injured on an occupiers property.
Occupier?
Usually the owner, though they do not have to be the owner.
Wheat v E Lacom - Manager of a pub could be the occupier even though he did not own the premises.
Premises?
S1(3) - Defines premises as a fixed or movable structure, including a vessel vehicle or aircraft.
Wheeler v Copas - Premises includes land, buildings and any fixed or movable structure.
Adult Visitors: Lawful adult visitors include?
- Those Invited.
- Those with contractual permission.
- Those given a statutory right.
An adult visitor is owed a common duty of care.
Adult Visitors: S2(2) Occupiers Liability Act 1957?
Take such care as is reasonable to ensure that the visitor is reasonably safe.
Adult Visitors: Reasonably Safe?
Laverton v Kiapasha Takeaway - D has taken reasonable steps to ensure the safety of the visitor.
Adult Visitors: Real Risk of danger?
Dean of Rochester Cathedral v Debell - Held that tripping, slipping and falling in a cathedral are not real risks of danger.
Child Visitors: S2(3) Occupiers Liability Act 1957?
The occupier must be prepared for children to be less careful than adults and the premises must be reasonably safe for a child of that age.
Standard of care measured subjectively based on age.
Child Visitors: Allurement?
Glasgow Corporation v Taylor - The occupier should guard against any kind of allurement.
If an allurement exists the damage/injury must still be reasonably foreseeable.
Child Visitors: Age?
Phipps v Rochester Corporation - Where the child is very young (5 or less) the courts are less likely to find liability as the child should have been supervised.
People carrying out a trade: Introduction?
The occupier will owe a tradesman a duty of care but S2(3) occupiers liability act 1957 sets out that an occupier can expect that a person will have a higher level of knowledge against the risk posed - Roles v Nathan.
People carrying out a trade: Passing on liability introduction?
An occupier gets someone else to do some work and they cause their work causes the damage to the lawful visitor.
People carrying out a trade: S2(4) Occupiers Liability Act 1957?
Where the damage is caused by fault execution of construction work then the occupier may be able to pass on that damage to them.
People carrying out a trade: 3 Part test for passing on liability?
1) Haseldine v Shaw - The work must be sufficiently complicated.
2) Bottomley v Tordmorden - The contractor hired must be competent.
3) Woodward v Mayor of Hastings - The occupier must check that the work has been properly done. If fault is obvious then occupier must realise. If fault not obvious occupier doesn’t have to realise.
Defences, Contributory Negligence: Law Reform Act 1945?
Any damages awarded to the claimant can be reduced by the extent to which they contributed to their own injury.
