OLA 1957

• s1 (2) who is the occupier? Wheat V Lacon - can have more than one occupier, the question was who has control of the premises.
• Lawful visitors include: Invitees - invited to enter or expressed permission to be there. Licensees - express or implied permission to be there for certain amount of time Contractural permission - ticket for a concert Statutory right to entry - metre readers. Implied license in common law - repeated trespass and no action to stop this. Lowry V Walker
• s1 (3) 'premises' - includes any fixed, moveable structure or vessel or vehicle
• Damage - occupiers duty in respect of damage caused by by state of premises. Ogwu V Taylor - fire didn't start due to premises, but C's own action
• What is the duty s2(2) - D must take reasonable care to see the visitor will be reasonably safe using the premises, common doc from this
• No duty to make completely safe as seen in Laverton V Kiapsaha takeaway
• Common DOC doesn't extend to pure accidents as in Cole V David
• Children s 2 (3) (a) - Must prepare for children to be less careful
• Allurements: Glasgow corporation V Taylor and Jolley Sutton show this
• Parents should have responsibility shown in Phipps V ROchester
• Experts s2 (3) (b) - An occupier can expect an expert to appreciate and guard themselves from the risk of jobs , seen in Roles V Nathan
• S2(4) What makes occupier less likely to be liable? 1. Was it reasonable for occupier to hire independent contractor? the case for this is Hazel Dine V Dies and son LTD
• 2) contractor hired was competent. the case for this is Bottomly V Todomarda
• 3) Occupier checked work was done properly - seen in Wordward V Majory of Hastings
• DEFENCES FOR OCCUPIER 1) Contributory negligence - partial defence outlined by Contributory act. C found to be partially liable for injuries as in the the case sayers V Harlow District
• 2) Consent - Complete defence, C knew of risk, no liability on occupier. As in the case Smith V Beaker
• 3) Warning notices - complete defence can be oral or written. Ineffective unless in all circumstances it was enough to be reasonably safe as in Stapels V West district council