Occupiers Liabitiy Act 1957 AO1

What does OLA 1957 deal with?

Lawful visitors

Examples of lawful visitors?

• those invited onto the premises

• Emergency services

• Contractual (eg workers)

Who does Wheat define an ‘occupier’ to be?

The person in control/possession of the premises

Section 1(3)(a): definition of ‘premises’ ?

A fixed or moveable structure

Tomlinson- can be a lake

What can C claim for?

Damages for personal injury & damage to property

What is Section 2(2)?

An adult (lawful) visitor must be kept reasonably safe in using the premises for the purpose that they’ve been invited.

What did Laverton say? (S2(2))

An occupier doesn’t have to keep the visitor completely safe

What is Section 2(3)?

Children: must be more care- they are expected to be less aware (Phillips & Taylor)

What did the cases of Phillip & Taylor set? (S2(3))

Taylor: Must take extra care with children

Phillips: Parents should take extra care for young children

What is Section 2(3)(b)?

A specialist worker/ expert in that trade must guard against any special risks (Nathan v Roles)-

What are Independent Contractors?

Those hired under the occupier

What is Section 2(4)?

Lays out the conditions of if the occupier is liable or not (when the visitor is harmed by an independent contractor)

Section 2(4)(a)- Haseldine?

The occupier is not liable if it is reasonable to give the work to an independent contractor

Section 2 (4)(b)- Bottomley?

The occupier isn’t liable if the independent contractor is competent/qualified to carry out the work

Section 2(4)(b)- Woodward?

The occupier is not liable if the independent contractor’s work is checked by the occupier to assess if it has been done properly

What if all 3 conditions are met?

The occupier is not liable → you would have to sue the independent contractor