OLA 57

• S.2 (2) OLA 57

  An occupier must take care as in all the circumstances of the case is reasonable to see that the visitor will be resonably safe in using the premises for the purpose for which he is invited to be there
• Express permission to visit

  A lawful visitor that you invite to your home or contracted to enter your home
• Implied permission to visit

  A lawful visitor ( Milkman, Postman, Delivery person )
• Legal right to enter

  The OLA does not apply ( Police, gas reading, fire service )
• Principle of allurement


  Lawful visitors that are attracted to something on D's land and become injured, applies to particularly children
• Exercising rights of way on public footpaths


  the Act does not apply
• S.1 (3) OLA 57

  Premisis is not defined but it includes fixed or moveable structures including vessel, vehicle and aircraft
• 1. Is C a lawful visitor?
• 2. Has C been injured due to the state of D's premises or by their own activities?
• 3. Who can C sue?
• S.1 (2) OLA 57

  C would need to sue the occupier of the premises but does not define the occupier
• S.2 (3) (a) OLA 57

  occupiers must be prepared for children to be less careful thana adults and the premises must be reasonably safe for children of that age, The standard of care is measured subjectively
• Allurements

  If a child has gone onto someone's premises, look out for something they might be attracted by. ( Cranes, flowers, fruit)
• S.2 (3) (b) OLA 57

  an occupier can expect a person in the exercise of his calling will guard against any special risks incidental to the special skill
• A lower standard of care is owed to skilled workers
• A higher standard of care is owed to children
• 4. Breach
• 5. Damage
• S.2 (4) (a) OLA 57

  D can evade liability if a warning sign was put up and it was enough to keep the visitor reasonably safe
• S.2 (1) OLA 57

  D can exclude his liability if a notice is put up saying he does not accept responsibility for the safety of others
• Exclusion notices are governed by the Unfair Contract Terms 19777 as amended by S.65 of the Consumers Rights Act 2015
• Law Reform (Contributory Negligence) Act 1945
• Did D consent to the risk?

  D may be able to evade liability if the visitor consented to the risk
• S.2 (4)(b) OLA 57

  The occupier will not be liable for injury caused by faulty workmanship by an independent contractor