OLA 57 Evaluation Flashcards
(3 cards)
What are the positives of OLA 57?
Introduced to allow strong claims that weren’t compatible with negligence.
As a result, occupiers and particularly business owners are more careful to avoid liability so they make sure their premises are safe. Meaning fewer accidents and injuries.
It is very well written and clear - “a little gem of a statute”. Meaning clarity and trust in the law
Fits with society’s notion of fairness regarding children, professionals and independent contractors.
Limits claims to ensure we do not adopt a “compensation culture”, encouraging personal responsibility. Staples vs West Dorset DC and Edwards vs Sutton - Obvious danger
What are the negatives of OLA 57?
It does cost to keep premises safe
Insurance will cover the defendant but because of OLA claims insurance premiums are higher
For a small amount of fault, you could owe huge compensation if someone is seriously injured.
What are the reforms for OLA 57?
State run compensation scheme as adopted in New Zealand. Could be paid for by increased taxation which would cause havoc in society. Given the economic situation this is highly unlikely to be adopted.
Introduce no fault liability, whether a lawful visitor or a trespasser they should be able to claim compensation. Resulting in compulsory insurance being needed and premiums would greatly increase to reflect more successful claims. Would be unpopular with many and is unlikely to be adopted. Canada had a similar scheme.
Allow children to claim under OLA 84 but not adults. Possibly limit claims to being against businesses and not individual households?
Personable responsibility approach is sensible as it has made it more difficult for adults to claim. Arguably means no reforms are needed as it does not place an unfair burden on the occupier.
