OLA 1957 Flashcards
(21 cards)
What should you determine first when applying the Occupiers’ Liability Act 1957?
First choose whether the C was a visitor or trespasser (if there are both in the scenario, deal with them separately).
What can a lawful visitor claim for under the OLA 1957?
A lawful visitor (LV) can claim for personal injury and property damage.
What is the introduction point for a lawful visitor claim under OLA 1957?
I: The C (name) may be able to claim as a lawful visitor (LV), under the Occupiers Liability Act 1957.
What does Stage 1 (Duty of Care) require under OLA 1957?
Under S.2(1) of the OLA 1957 the occupier of premises owes ‘a common duty of care’ to visitors.
How is the occupier defined under OLA 1957?
Lord Denning established the ‘sufficient control test’ which stated, ‘wherever a person has a sufficient degree of control over premises that they ought to realise that any failure on their part to use care may result in injury to a person’, they will owe a DOC. Additionally, there can be multiple occupiers of the same premises (Wheat v Lacon).
APPLY to the scenario
How is ‘premises’ defined under OLA 1957?
Under S.1(3)(a) OLA 1957 defines premises as any ‘fixed or moveable structure, including any vessel, vehicle, and aircraft’.
APPLY to the scenario
How is a ‘visitor’ defined under OLA 1957?
Visitor - Thirdly, we must establish lawful visitor. This is anyone who is invited or permitted to be on the land - this can be express or implied.
APPLY to the scenario
What does S.2(2) say about the common duty of care?
Under S.2(2) it states that the occupier has a ‘duty to take reasonable steps to ensure that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted to be there’.
What limitation is there on the duty of care under OLA 1957?
The injury must be due to the state of the premises and not the activities of the visitor – Darby v National Trust.
APPLY to the scenario
What is Stage 2 (Breach of Duty) under OLA 1957?
The occupier must act reasonably. If they have done something the reasonable person would not have done, or failed to do something the reasonable would have done then he has breached his duty.
APPLY to the scenario
What limits the occupier’s duty in terms of purpose?
The duty is only owed in respect of the purpose for which the visitor is permitted to be on the premises.
Conclude: Has the O breached his DOC?
What is the CHILDREN side rule under S.2(3)(a)?
An occupier must be prepared for children to be less careful than adults. This is because children may not see the dangers or may not appreciate risks. (Jolley v London Borough of Sutton).
APPLY (if relevant) to the scenario
How does the law treat ALLUREMENTS?
An allurement is something on the O’s land that is likely to attract children. The occupier should guard against any kind of allurement that places the child visitor at risk – Glasgow Corporation v Taylor.
APPLY (if relevant) to the scenario
What does the law say about PARENTAL SUPERVISION?
Very young children (under 5) should be under their parent’s supervision and therefore the occupier may not be liable – Phipps v Rochester Corporation.
APPLY (if relevant) to the scenario
What is the EXPERTS side rule?
Under S.2(3)(b) An occupier may expect that an expert will ‘appreciate and guard against risks that are in the exercise of their calling’ – Roles v Nathan.
APPLY (if relevant) to the scenario
What does it say about independent contractors?
S.2(4)(b): The occupier may not be liable if: 1. It was reasonable to entrust the work – Hazeldine v Daw & Son 2. The contractor was competent – Bottomley v Todmorden Cricket Club 3. The O checked the work was properly done – Haseldine v Daw.
APPLY to the scenario
What does the Act say about warning signs?
Under S.1(5), a warning must make the visitor reasonably safe. No obligation to warn if danger is obvious – Cotton v Derbyshire Council.
APPLY (if relevant) to the scenario
What does the Act say about consent?
An occupier is not liable for any damage or harm that occurs when the visitor willingly accepts the risks.
What is contributory negligence under OLA 1957?
Under the Law Reform (Contributory Negligence) Act 1957, if the LV is partly responsible, then their damages may be reduced accordingly.
APPLY (if relevant) to the scenario
What is an exclusion clause under OLA 1957?
Under S.2(1), an O can restrict, modify, or exclude their duty.
APPLY (if relevant) to the scenario
What remedies can a lawful visitor claim under OLA 1957?
A lawful visitor can claim compensatory damages for personal injury and property damage.
APPLY to the scenario if the D (the occupier) would have to compensate the LV for their losses.
