OLA 1957

• What is an occupier?

  Person who has control of the land or building.
• What are premises?

  Land or buldings which are occupied
• When does the Act apply? S 1 (1)

  ‘in respect of dangers due to the state of the premises or to things done or omitted to be done on them'
• What is a Visitor?

  the class of people to whom duty is owed.
• What is S.1(2)?

  A lawful visitor is anyone who is present on the premises by the occupier’s invitation, or with the occupiers express or implied permission, or in the exercise of a legal right.​
• What do Visitors include?

  • Invited people
  • Licensees such as customers​
  • Those entering under a contractual agreement ​
  • Those with legal rights .e.g. police officers​
• What does S2(2) state?

  Occupier must take reasonable care of his visitors, by making the premises reasonable safe or giving effective warning of dangers
• What case relates to S2(2)?

  Staples v West Dorset Council
• What does S2(3)(a) focus on and state?

  Children Visitors

  Special duty of care to children and expects children to be less careful than adults - liable if they fail to protect children from hidden dangers or allurement such as machinery
• What cases relate to S2(3)(a)?

  (Glasgow Corporation v Taylor).

  - Poisonous berries weren't fenced off, child ate them, occupier liable as expected the child would of ate them

  IN CONTRAST (Phipps v Rochester Corporation)

  - 5 year old went to waste ground & fell in trench. Not liable as would foresee reasonable parents wouldn't allow them near danger unsupervised.
• What are Allurements?

  Attractions on the land where greater care should be taken .e.g. machinery or boats
• What does S2(3)(b) focus on and state?

  Professionals

  a person, in the exercise of his calling, will appreciate and guard against any special risks ordinarily incidental to it’ ​

  E.g. electrician should know the danger of live wires
• What cases relate to S2(3)(b)?

  Roles v Nathan

  - Sweeps should of been aware of dangers

  Salmon v Seafarers restaurant Ltd (1983)

  - Owners liable for injuries to fireman, as occupiers negligence created the risk
• What does S2(4)(b) focus on and relate to?

  Independent Contractors

  If occupier hires independent contractor to carry out work on premisses, occupier not liable for injuries caused.

  However, occupier must take reasonable care in selecting a suitable contractor - works complex so not reasonable to expect occupier to recognise a fault
• What cases do S2(4)(b) relate to?

  • Bottomley v Todmorden Cricket Club
  • Haseldine v Daw
  • Woodward v Mayor of Hastings ​
• What's the principle for Haseldine v Daw S2(4)(b)?

  Occupier not liable for negligent repair of a lift, a highly specialist activity
• What's the principle for Woodward v Mayor of Hastings ​ S2(4)(b)?

  Club hired stunt team o do firework display. They used traditional fireworks and got claimant to help who had no training. Claimant got burnt & broken arm. Stunt team had no insurance & court held that this was sufficient to impose liability on cricket club