Occupiers Liability Act 1958

Front 1

what does occupiers liability deal with

Back 1

the risks posed and harms caused by dangerous places and building

Front 2

when may an occupier be liable

Back 2

if they have not taken reasonable care to ensure that those entering the premises are safe

Front 3

why was there statutory intervention through the Occupiers Liability Acts 1957 & 1984

Back 3

a response to the harshness and complexity of the common law where the scope of the duty owed by the occupier varied acc to the circumstances in which the claimant cane onto the premises

Front 4

what kinds of categories of visitors exist

Back 4

lawful visitors

unlawful visitors

Front 5

how do we determine which of the OLA’s apply

Back 5

by looking at whether the injured party was a lawful or unlwful visitor

Front 6

what does the 1957 act cover

Back 6

lawful visitors

Front 7

what does the 1984 act cover

Back 7

unlawful visitors (typically trespassers)

Front 8

what do courts have to refer back to the ordinary principles of negligence to determine

Back 8

whether the duty has been breached and whether the breach caused the claimant loss

Front 9

what does s1(1) of the OLA 1957 say

Back 9

occupier owes a duty of care to visitors in respect of dangers posed by the state of the premises or by things done or ommitted to be done on them

Front 10

what does the 1957 OLAct only apply to

Back 10

injuries suffered on the occupier’s premises

Front 11

what case is an example where the OLA1957 has no application where C is injured by an activity that is happening on D’s premises

Back 11

Bottomley v Todmorden Cricket Club

Front 12

does the OLA 1957 apply to activities happening on the occupiers land that cause injury

Back 12

no only to injuries caused by the state of the land itself

Front 13

what case is an example where an occupier may be liable to a visitor for the harm caused by another visitor

Back 13

Cunningham v Reading Football Club Ltd

Front 14

what are important questions to establish when looking at whether a duty of care is owed

Back 14

who is an occupier

who is a lawful visitor

what are the premises

Front 15

as defined by s1(2) of the OLA 1957 - what is an ‘occupier’

Back 15

the person who has or is able to exercise a sufficient degree of control over the premises

Front 16

can there be more than one occupier at any given time

Back 16

yes

Front 17

what case says that there can be more than one occupier owing a common duty of care to C and that you dont need a physical possession of the premises

Back 17

Wheat v Lacon

Front 18

what happens when a landlord has leased out the premises who becomes the occupier

Back 18

the Defective Premises Act 1972 kicks in ensures the landlord retains a duty of care to maintain and repair the property

Front 19

to landlords only have duties to tenants under the Defective Premises Act 1972

Back 19

no, they have a duty of care to others who may foreseeably be affected by defects such as partners and other family members

Front 20

how might an occupier restrict the duty of care they owe

Back 20

by limiting the extent if the permission they give to a visitor like restrictions on time spent or purposes for which they can use it

Front 21

how does the 1957 act define premises

Back 21

any fixed or movable structure including any vessel, vehicle or aircraft

Front 22

which case illustrates that where the occupier is aware of a particular vulnerability of the visitor and can reasonably be expected to take steps to guard against it their duty of care will be higher

Back 22

Pollock v Cahill

Front 23

what case says the occupier is not under an obligation to ensure the safety of visitors, merely to take reasonable care to provide reasonable safety

Back 23

Bowen v National Trust

Front 24

what case shows the courts understanding that not every accident has to be the fault of another and an occupier is not an insurer against injuries sustained on his premises

Back 24

Edwards v London Borough of Sutton

Front 25

in which case was a schoolchild killed under a falling branch

Back 25

Bowen v National Trust

Front 26

how is whether an occupier has breached their duty of care determined

Back 26

same as in the common law of negligence

Front 27

how do we determine what amounts to reasonable care

Back 27

likelihood and gravity of harm resulting from the state of the premises and the costs involved in rectifying potential dangers

Front 28

what case demonstrates the courts taking into account the resources of the occupier when considering the steps they might reasonably expect to take to ensure the visitor is reasonably safe

Back 28

Kiapasha v Laverton

wet fish shop floor

Front 29

how does an occupiers duty of care change when the visitor is a child

Back 29

occupier must take into account that children are less careful than adults

Front 30

what case says occupiers owe a higher standard of care to children than older visitors

Back 30

Glasgow Corporation v Taylor

Front 31

what case did the court show that we need to expect children to be more mischevous than adults

Back 31

Jolley v Sutton London Borough Council

child crushed by a boat

Front 32

what case says that however responsibility for the safety of children lies primarily with adults

Back 32

Phipps v Rochester Corporation

Front 33

what case is an exMple of skilled visitors being expected to guard avainst special risks associated with their profession

Back 33

Roles v Nathan

Front 34

what case says that theres no general duty to take reasonable steps to ensure that an independent contractor was insured

Back 34

Naylor v Payling

Front 35

what act says an occupier wont be liable where a visitors injuries arise from ‘risks willingly accepted as hus by the visitor’

Back 35

s2(5)

Front 36

what section says that an occupier will not be liable where their own negligence has contributed to the injuries they have

Back 36

s2(4)

Front 37

what section of the ‘57 act says an occupier may discharge their duty by giving a warning of the potential danger

Back 37

s2(4)(a))

Front 38

how may warnings be displayed

Back 38

verbal

visual

written

Front 39

which case says a warning is only sufficient discharge of a duty to a visitor if it is enough to enable the visitor to be viably safe

Back 39

Roles v Nathan

Front 40

what case says theres no need to give a warning where the danger is obvious

Back 40

Staples v West Dorset District Council

Front 41

what case says the failure to warn about one type of danger will help the claimant if they suffer personal injury as a result of an unrelated danger

Back 41

Darby v National Trust

Front 42

why is putting up a notice sufficient to eliminate liability under the 1957 act

Back 42

shows D has taken reasonable care to ensure visitors are safe on their premises

Front 43

what act prevents occupiers of business premises from restricting liability for death/ personal injury

Back 43

UCTA

Front 44

is an occupier held liable if an accident is the result of a subcontractors work on the premises

Back 44

nope

Front 45

what was the consequence of Gwilliam v West Hertfordshire Hospitals NHS trust

Back 45

a defendant occupier may be liable to the victims of a third party’s wrong

Front 46

what case is an exMple of skilled visitors being expected to guard avainst special risks associated with their profession

Back 46

Roles v Nathan

Front 47

what case says that theres no general duty to take reasonable steps to ensure that an independent contractor was insured

Back 47

Naylor v Payling

Front 48

what act says an occupier wont be liable where a visitors injuries arise from ‘risks willingly accepted as hus by the visitor’

Back 48

s2(5)

Front 49

what section says that an occupier will not be liable where their own negligence has contributed to the injuries they have

Back 49

s2(4)

Front 50

what section of the ‘57 act says an occupier may discharge their duty by giving a warning of the potential danger

Back 50

s2(4)(a))

Front 51

how may warnings be displayed

Back 51

verbal

visual

written

Front 52

which case says a warning is only sufficient discharge of a duty to a visitor if it is enough to enable the visitor to be viably safe

Back 52

Roles v Nathan

Front 53

what case says theres no need to give a warning where the danger is obvious

Back 53

Staples v West Dorset District Council

Front 54

what case says the failure to warn about one type of danger will help the claimant if they suffer personal injury as a result of an unrelated danger

Back 54

Darby v National Trust

Front 55

why is putting up a notice sufficient to eliminate liability under the 1957 act

Back 55

shows D has taken reasonable care to ensure visitors are safe on their premises

Front 56

what act prevents occupiers of business premises from restricting liability for death/ personal injury

Back 56

UCTA

Front 57

is an occupier held liable if an accident is the result of a subcontractors work on the premises

Back 57

nope

Front 58

what was the consequence of Gwilliam v West Hertfordshire Hospitals NHS trust

Back 58

a defendant occupier may be liable to the victims of a third party’s wrong