A-Level Law: OLA '57

Main rule

S.2(2)

O has to do all that is R to keep lawful visitors R safe

Premises

S.1(3a)

Any fixed or moveable structure

Occupier

A person who is in control of the premises

Children

S.2(3a)

O must prepare for kids to be less careful- Taylor v GCC

O can rely on parents to take some responsibility- Bourne v Marsten

Increases SoC

Specialists

S.2(3b)

O can expect them to guard themselves against dangers in the field of expertise- Roles v Nathan

Generally decreases SoC

Warnings

S.2(4a)

Must be enough to keep lawful visitors R safe - Woolins

No duty to warn against obvious dangers - Darby v National trust

Defences

O not liable for work of IC if took R steps to check work - Haseldine

Is it R to hire them

If C consents to the risk of their action - Geary v Wetherspoon

Excluding liability

Cannot exclude liability for death or personal injury - Ashdown v Samuel Williams

OLA ‘57 plan

Intro

• S. 2(2) - Must do all that is R to keep LV safe on the premises

• Occupier - Any person in control of the premises

• Premises - S. 1(3a), any fixed or moveable structure

SoC

• Children - S.2(3a), O must prepare for kids to be less careful - Taylor v GCC, O can rely for parents to take some responsibility - Bourne Leisure v Marston

• Specialists - S.2(3b), O can expect specialists to guard themselves from dangers in their specialism - Roles v Nathan

• Warnings - S.2(4a), Must be enough to keep visitor safe - Woolins, No duty to warn against obvious dangers - Darby v National Trust

Defences

• IC - O not liable for IC work if R to employ, must have taken R steps to check - Haseldine

• Consent - Geary v Wetherspoons

• Con neg - Caused it, didn’t mitigate losses

• Cannot exclude liability for death or injury - Ashdown v Samuel Williams

Clues to identify is Q is about OLA ‘57

Ownership of something, invited/employed/member