OLA

Occupiers’ Duty

Occupiers must take care to ensure visitors are safe on their premises

OLA 1957

Covers lawful visitors

OLA 1984

Covers people on premises without permission (trespassers)

Premises

Land, buildings, vehicles, aircraft

Occupier

Owner, leaseholder, or anyone with control over the premises (test: occupational control, e.g., Wheat v Lacon, Harris v Birkenhead)

Visitor

Someone allowed to be on the premises, including invitees, licensees, contract visitors, or statutory right visitors

Invitee

Person with express permission, e.g., a friend

Licensee

Person with express or implied permission, e.g., postman

Contract Visitor

Person visiting because of a contract, e.g., hotel guest or cinema-goer

Statutory Right Visitor

Person allowed by law, e.g., meter reader or police with warrant

Non-lawful Visitor

Covered by OLA 1984 if not a lawful visitor

Occupier Test

Who controls the premise

1957 - Forseeable

D must ensure there is no foreseeable dangers to the visit as in Kipasha Takeaway

1957 - If it is a child

If it is a child higher care is needed.

1957 - Workman

A workman needs to be aware of the dangers of their jobs themselves.

1957 - Visitors hurt due to employee

The occupier is protected if:

• It is reasonable to give that work to the contractor

• The contractor is competent

• The occupier must check the work or get a specialist to do so