OLA 1957

• S2(1) of the OLA 1957 states:

  An occupier will owe a common duty to all lawful visitors.
• S2(2) of the OLA 1957 states :

  The occupier should see that the visitor will be reasonably safe in the premises for the purpose in which he is invited to be there.
• Laverton =

  LP: The occupier doesn't need to make the premises completely safe or guarantee safety.
• Dean v Debell =

  LP: There isn't a common duty to prevent against everyday trips and falls.
• The occupier must be prepared for children to be less careful than adults.

  The premises must be reasonably safe for a child of that age.
• Taylor =

  LP: Occupiers must expect children to be less careful than adults and they have a responsibility to protect against hidden, dangerous allurements.
• The duty to keep the premises reasonably safe for child visitors does not extend to making parents aware of dangers which are clear and obvious.
• If a tradesperson is injured whilst on the premises, then the occupier could owe them a duty of care as a lawful visitor.
• Tradespeople must guard themselves as risks of their trade, especially if they have warned about these.
• S2(4)(b) of the OLA 1957 states :

  • the occupier acted reasonably in entrusting the work to the independent contractor.
  • the independent contractor is competent to carry out the work.
  • the occupier took reasonable steps to check the work had been carried out properly.
• Defences - Warning Signs :

  A warning sign can be a full defence, HOWEVER, the warning sign must be enough to keep the visitor reasonably safe.

  FULL DEFENCE
• Defences - Exclusion Clauses :

  The occupier can limit/exclude their liability for any injury caused to the visitor by putting up a warning notice/exclusion sign advising of this.

  FULL DEFENCE
• Defence - Contributory Negligence :

  Compensatory damages can be reduced to reflect the level that the claimant contributed to the injury or damage.
• Defence - Volenti :

  A full defence where the claimant has consented to the risk of injury.
• Remedies =

  Personal injury AND property damage