Ola 57 Flashcards
(8 cards)
What is Ola 57?
This act looks at the liability of occupiers for the state of their premises for all who enter with permission
Who is an occupier- showed in Wheat v E Lacon
Someone who has control over the premises
Staples v West Dorset
Algae- slipped- no warning sign clearly visible
POL- Do not need to warn if the danger is obvious and would be appreciated by a reasonable person
Glasgow Corporation v Taylor
Child ate poison berries from a bush in the park and died
Must be prepared for children
Reasonably safe for children
ALLUREMENT
Roles v Nathan (Persons exercising a calling)
2 chimney sweepers killed by carbon monoxide. Should be aware f it
Will appreciate and guard against any special risks ordinarily to it
What are the 2 ways the occupier will not be liable for a independent contractor
- They took reasonable steps to make sure they are competent
- If possible they check the work is being done properly
Case for independent contractor
Haseldine v Daw
They checked if competent and couldnt check their work as werent specialised, so not liable
What are the 4 defences for Ola 57
- Contributory Negligence
- Volenti
- Warnings
- Exclusion clause
