Occupiers Liability

Occupiers Liability

1. S.1 (1) OLA 1957

   • in respect of dangers due to the state of the premises or to things done or omitted to be done on them
   • Wheat v Lacon
     • Denning
       • the general duty of care which each man owes his neighbour

2. Occupier

   • s.1 (2) OLA 1957
     • “[T]he persons who are to be treated as an occupier are the same….As the persons….at common law…
   • generally the person who has sufficient control over the state of the premises relative to the circumstances
     • Harris v Birkenhead Corporation
       • need not be present
     • Wheat v Lacon
       • sufficient degree of control
         • ought to have realised that any shortcomings could result in injury
           • can be multiple occupiers
             • depends on control
     • independent contractors
       • buckland v Guildford gas light co
         • should have foreseen
       • can be seen as occupiers if foreseeable
     • Landlords
       • Lessees become occupiers

3. Visitors

   • s.1 (2) OLA 1957
     • invitation or permit to enter by occupier
   • Who is?
     • pursuant to a contract or express consent of the occupier
     • Implied consent
       • lowery v walker
         • walked through field got injured by horse
     • Walk up to the front door
       • Robson v Hallett
         • implied permission when lawful business
     • Limits to permission
       • Carlgarth
         • do not invite them to slide down the bannisters
     • Rights of Way
       • private
         • Holden v White
           • exercising a right of way so wasn't a visitor
             • covered by OLA 1984
       • Public
         • not covered by OLA (s.1(7)OLA 1984)
           • Greenhalgh v British Railways Board
             • wasn't included in the scope of the public of the area so was a visitor
     • s.2(6) OLA 1957
       • persons executing their role in law
         • eg police with warrant

4. common Duty of care

   • S.2(1)& (2) OLA 1957
     • Reasonably safe
       • Sawyer v H & G Simond
         • nature of danger
           • length of time danger was in existence
             • steps to remove the danger
               • likelihood or otherwise of an injury being occurred
   • Special Provisions
     • s.2(3) OLA 1957
       • children
         • Glasgow Corporation v Taylor
           • poisonous berries with no signs
         • Parents
           • Simpkiss v Rhondda BC
             • can't shift blame from parents to other parents when they're around
     • s.2(3)(b) OLA 1957
       • expect that person to know of the danger
         • Roles v Nathan
           • expect them to appreciate and guard against

5. Independent Contractors

   • s.2(4)(b) OLA 1957
     • Wont be liable for independent contractor if
       • acted reasonably in entrusting
         • taken reasonable steps to ensure that the work was competent
           • taken reasonable steps to check work was done properly
             • Haseldine v Daw
               • the specialist nature meant that they did not have to check that work was done properly

6. Warnings

   • s.2(4)a OLA 1957
     • notice on land of danger may discharge
       • Roles v Nathan
         • not automatic discharge

7. tresspassers

   • OLA 1984
     • tresspassers, private rights of way, right to roam
   • Robert Addie & sons v Dumbreck
     • without invitation or unknown to owner
   • s.1(3) OLA 1984
     • Duty of care
       • Young v Kent
         • should have known cost low etc Reduced because a child cont negligence
       • keown v coventary
         • nothing wrong with the building
           • dangers of the defective building not dangers of using the building improperly