OLA 1957 defences

Warning Signs:

If the occupier gives an effective warning of the danger/potential hazards-they are not liable.

The warning must be clear and understandable to the visitor

Exclusion causes:

May operate to prevent a duty from initially arising…

• residential properties: cannot exclude liabilities for death, serious injury, property damage

• Consumer Rights Act 2015: prevents businesses from excluding liability for death, personal injury on their premises

Consent/Voluntary Acceptance of risk (Section 2(5)):

If a visitor is aware of a specific risk and chooses to proceed anyway- they are deemed to have consented to that risk

Contributory Negligence:

If the visitor’s own actions contributed to their injury (eg ignoring clear warning signs)- the occupier is not fully liable → damages are reduced

Independent Contractors (Section 2(4)):

If the occupier meets all 3 requirements- they are not liable

a) reasonable to give the work to an IC

b) IC was competent/qualified

c) the occupier has checked to see if the work was done properly