Occupiers Liability

• How can occupiers liability be viewed in relation to negligence?

  As a narrow version of negligence
• What is the duty of care between occupiers and entrants?

  It must be breached, causing damage that is not too remote
• Historically, what was the duty of care to visitors?

  There was a vague duty of care to visitors
• What was the historical duty of care to trespassers?

  No duty to trespassers, even if harmed wilfully
• How did the law change regarding the duty of care to trespassers with the OLA 1957?

  It provided a statutory duty of care to visitors but not to trespassers
• What problem arose due to industrialisation in the UK regarding children?

  Incompatibility between children playing and industrial processes
• How did judges address the issue of children playing in industrial areas?

  They used concepts of allurement and acquiescence to treat some children as visitors
• What was the outcome of the differing judicial approaches to children as visitors or trespassers?

  It created uncertainty about whether a duty of care was owed
• What did the OLA 1984 establish regarding trespassers?

  A statutory duty of care towards trespassers under certain conditions
• Which case is associated with the OLA 1957?

  Jolly v Sutton London Borough Council [2000]
• Which case is associated with the OLA 1984?

  Glasgow Corp v Taylor [1922]
• What does OLA 57 state about visitors?

  OLA 57 applies to visitors
• How is a visitor defined under S1 OLA 57?

  A visitor is a person with an invitation or licence to be on the premises
• How is a trespasser defined under S1 OLA 57?

  A trespasser does not have an invitation or exceeds the scope of their invitation
• What does the case of The Calgarth (1927) illustrate about invitations?

  It illustrates that an invitation does not extend beyond its intended purpose
• What does S1(3) OLA 57 define as premises?

  Premises include land, buildings, and any fixed or moveable structure
• What does S1(1) of the Occupiers Liability Act 1957 state?

  It regulates the duty an occupier owes to visitors regarding dangers on the premises
• What is the common duty of care as per S2(1) OLA 1957?

  It is the duty to ensure visitors are reasonably safe while using the premises
• What factors are considered in determining the common duty of care?

  The degree of care expected from the visitor and the occupier's responsibilities
• How must an occupier prepare for children according to OLA 1957?

  They must be prepared for children to be less careful than adults
• What case established the duty of care owed to children?

  Tomlinson v Congleton Borough Council and another [2002]
• What must an occupier expect from a person doing their job?

  They may expect the person to guard against special risks related to their calling
• What does S2(4)(a) of OLA 1957 state about warnings?

  A warning does not absolve the occupier from liability unless it ensures reasonable safety
• What does S2(4)(b) of OLA 1957 state about independent contractors?

  Occupiers are not liable if they reasonably entrusted work to an independent contractor
• What does S2(5) of OLA 1957 state about risks willingly accepted by visitors?

  Occupiers have no obligation regarding risks willingly accepted by visitors
• What conditions must be met for an occupier to owe a duty under OLA 1984?

  The occupier must be aware of the danger and know the other is in the vicinity
• What does S1(5) of OLA 1984 state about discharging duty?

  Duty may be discharged by warning of the danger or discouraging risk-taking
• What does OLA 1984 state about liability for property damage?

  No liability is incurred for property damage under OLA 1984
• What does S1(6) of OLA 1984 state about risks willingly accepted by persons?

  No duty is owed for risks willingly accepted by that person
• What are the implications of the duty of care owed to children under OLA 1957?

  • Children are considered less careful than adults
  • Occupiers must take special care to ensure children's safety
  • Judicial inconsistency can lead to uncertainty in liability
• What are the key differences between OLA 1957 and OLA 1984?

  • OLA 1957 applies to visitors
  • OLA 1984 applies to trespassers
  • OLA 1957 establishes a common duty of care
  • OLA 1984 establishes a statutory duty of care for trespassers under certain conditions
• What are the defences available under OLA 1957?

  • Warning signs must ensure reasonable safety
  • No liability if work is entrusted to competent independent contractors
  • No obligation for risks willingly accepted by visitors
• What are the prerequisites for an occupier's duty under OLA 1984?

  • Awareness of the danger
  • Knowledge of the person's presence in the vicinity
  • Reasonable expectation to offer protection against the risk