OLA visitors Flashcards
(13 cards)
Occupiers Visitors summary
- OL act 1957- owe a common duty of care
- Define occupier, Visitor, common duty of care
- establish whether they breached their duty
-Consider side rules of whether visitor is a child/ expert - Consider whether occupier can discharge their duty -warning signs/ negligence of an IC- apply two stage test
Occupiers liability visitors intro
Under section 2(1) of the Occupiers liability act 1957, the occupier of a premises owe a visitor, “A common duty of care”.
- Define occupier, visitor, common duty of care, premises
Occupiers liability- visitors- occupier definition
- To establish who the owner of the property is, we use the sufficient control test. Lord Denning,” Wherever a person has sufficient degree of control over a premises that they ought to realise that any failure on their part to act may result in injury to a person”. There can be multiple occupiers to the same property (Wheat vs Lacon).
Occupiers liability- visitors- common duty of care definition
- An occupier owes a visitor a common duty of care. Under S2(2)- this means that the occupier has a,” duty to take reasonable steps to ensure that the visitor will be reasonably safe in using the premises for which he is invited or permitted to be there”. The injury must be due to the state of the premises and not due to the activities of the visitor (Darby vs National trust).
Occupiers liability- visitor definition
A visitor is anyone who is invited or permitted to be on the property (This can be expressed or implied).
Occupiers liability- visitors- Breach
- Standard- Occupiers must act reasonably- what a reasonable person would have or not have done. The duty is limited in that it is only owed in respect of the purpose for which the visitor is permitted to be on the premises.
-Apply, has the occupier fallen below this standard
Occupiers liability- visitors- side rule 1
- Side rule- duty owed to children- Section 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. Therefore, the occupier has a higher duty of care for children. The courts will consider the age and level of understanding of the child (Jolley vs London Borough of Sutton)
- Allurements are something on an occupiers land that will attract children. (Glasgow corporation vs Taylor)- An occupier should guard against any allurement that places a child visitor at risk.
-However very young children should be under their parents supervision (Phipps vs Rochester corporation)
Occupiers liability- visitors- side rule 2
- If the occupier is an expert- Section 2(3)(B) an occupier may expect that an expert will “ Appreciate and guard against any risks that are in the exercise of their calling”.
Occupiers liability- visitors- 1st way of discharging duty
- Warning signs- The warning must be sufficient to enable the visitor to be reasonably safe. However, in Cotton vs Derbyshire council, it was held there is no specific obligation to display a warning sign when the danger is one that should be obvious to visitors.
Occupiers liability- visitors- 2nd way of discharging duty/ side rule 3
Negligence of an independent contractor0- Under section 2(4)(B) the occupier will not be liable for loss or injuries suffered by visitors when the cause of the damage is the negligence of an independent contractor hired by the occupier, if 2 conditions are met:
Occupiers liability- visitors- Independent contractor test
1- Must have been reasonable for the occupier to entrust the work to the independent contractor (Hazeldene vs Daw&son)-e.g. did they rely on their skill and expertise
2- The O must have taken reasonable steps to ensure the contractor was competent (Bottomley vs Todmorden Cricket Club)
3- The O must check the work was done properly - Haseldine vs Daw- more complex= less of an obligation
Occupiers liability- visitors- premises definition
-Secondly, we must establish premises. Under section 1(3)(A) OLA 1957 defines premises as any “Fixed or moveable structure, including any vessel, vehicle, and aircraft”
Occupiers liability- visitors- other defences
- Consent= when visitor willingly accepts the risk
- Contributory negligence- Law reform (Contributory negligence) act 1957- if the V is partly responsible, damages will be lowered
- Exclusion clauses- S2(1) O can restrict, modify or exclude duty
