Evaluation OLA 1957

Lawful visitors are owed a common duty of care (s. 2(2)).

As an occupier must 'take such care in all the circumstances is reasonable to keep the visitor reasonably safe' as lawful visitors are legally invited (Laverton v Kiapasha). Recognizes the lawful visitors right to be safe. Ensures balance of responsibility between occupier and lawful visitors rights.

Child visitors are owed a higher standard of care (s.2(3)(a)).

Provides child visitors less likely to appreciate a premises risks (Jolley v Sutton). Which aligns with societies views on children. Ensures that the law protects venerable people.

An occupier can expect young children to be accompanied by an adult (s.2(3)(a)).

Demonstrated in Phipps v Rochester. It is fair for an occupier to assume that a young child will be accompanied by a duty carrying adult. However, may be uncertain as children of different ages differ in maturity, age limit is unclear.

Professional/ skilled visitors (s.2(3)(b)).

A tradesperson is expected to guard against risks associated with their profession (Roles v Nathan). As an occupier should not be expected to be liable for specific risks that a professional should be trained to expect. Relieves liability of the occupier. However an occupier is not exempt form a claim from a skilled visitor.

Defences to claim by a lawful visitor- Independent contractors (s.2(4)(b)).

An occupier may have defence if the claimants damage is due to the works of a contractor, providing three conditions are met (Haseldine v Daw). Ensures that the occupier is not liable for danger in which they were not aware of. Avoids opening the floodgates to a large number of claims if there was a faulty contractor.

Defences to a claim by a lawful visitor; warning notices (s. 2(4)(a)).

An occupier can discharge their duty of care by displaying a warning sign (Rae v Marrs). Recognises the efforts of an occupier to keep visitors safe. Protects occupiers from claims where they could be made liable for a danger in which the claimant was aware of. Balances responsibility. However warning signs are less effective in the case of children.