DEFENCES TO CLAIMS OLA 1957

Which tort has the same defences to claims as OLA 1957

Negligence

What are the defences to claims in OLA 1957

Contributory negligence and volenti/non-fit injuria

What are other ways to avoid liability in OLA 1957

Warning notices and exclusion clauses

What section of the OLA 1957 act is warning notices in

Section 2 (4) (a)

What are warning notices

Clear written/verbal warnings which can be a complete defence if it makes the visitor reasonable safe. Effectiveness depends on danger and how obvious it is

What is a case showing warning notices

Rae v Mars - if danger is extreme, warning is required

What is a case regarding warning notices with no liability

1. Staples v West Dorset DC

2. Darby v national trust

They both ruled that there is no liability if danger is obvious

What section of the OLA 1957 act is exclusion clauses in

Section 2 (1) OLA 1957

What are exclusion clauses

These are where occupiers can limit/exclude duty by agreement or notice that’s written or verbal. Under section 65 of the consumer rights act 2015, traders can’t exclude liability for death or personal injury caused by negligence

Remedies

If successful, the claimant may get damages for personal injury an property damage