Adults - common duty of care

• What duty of care does the occupier owe to visitors?

  Defined under S2 OLA 1957:

  • To take reasonable care to ensure that the visitor is
  • reasonably safe in using the premises
  • doesn't have to be completely safe (as seen in Laverton v Kiapasha)
  • doesn't cover pure accidents (Cole v Davies-Gilbert and others)
  • for the purpose which he's been invited for.
• When can a visitor lose their protections under OLA 1957?

  If they exceed their permission and enter an area which they've not been invited into, they become a trespasser can only claim under OLA 1984.
• In order for liability to arise from the state of the premises what must be satisfied?

  In order for liability to arise from the state of the premises:

  • the premises must cause a real source of danger
  • potential for danger must be more than the everyday risk which is inevitably faced
  • obligation of occupier is to make land reasonably safe for visitors - not guarantee their safety
  • as seen in Dean and Chapter of Rochester Cathedral v Debell