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Occupiers Liability Act 1957 - Coggle Diagram
Occupiers Liability Act 1957
Act 1957 deals with the liability of an occupier of premises to lawful visitors.
The duty owed to lawful visitors or those with permission to enter onto the land is defined in the Occupiers’ Liability Act 1957.
The tort states that :
‘ Occupiers’ liability concerns the liability of an ‘occupier' of land for the claimants injury
or loss or damage to property suffered while on the occupiers’ ‘premises’.
The key elements that will need to be considered for a successful claim under the 1957 Act are :
Premises
- there is no set definition of premises. However section 1 (3) OLA1957 describes the term to include 'fixed or moveable structure,including land.buildings,vessels,vehicles and aircrafts'
Occupier
- a person will be an occupier if they have a sufficient degree of control over the premises and that the premises can have more than one occupier.
Lawful visitor only applies to the 1957 Act and is anyone who is on the premises by the occupiers’ invitation,or with occupiers’ express or implied permission,or in exercise of a legal right
Anyone on the premises with the occupiers’ permission.
This permission can be
expressed
,that is explicitly communicated or
implied
.
There are four categories of lawful visitors :
Adult visitors - person who has permission to enter the premise.
Invitees - person who have been invited to enter and
who have express permission to be there.
Licensees - person who may have express or implied
permission to be on the land for a particular period.
Those with contractual permission - bought a ticket for entry
Those given statutory right of entry - police exercising a warrant
Common duty of care-Under section 2 (1) OLA 1957 states that an occupier of premises owes a duty of care to those who visit the premises.
Under
section 2(20 OLA 1957
defines the common duty of care as ‘ the
duty to take such care
as in all circumstances of the case is
reasonable
to see that the
visitor will be reasonably in using the premises for the purposes
for which he is invited or permitted by the occupier to be there’.
Wheat v Lacon
Ships in dry lock (London v Graving Dock v Horton
Vehicles (Hartwell v Grayson)
Lifts (Haseldine v Daw Son Ltd)
Aircraft (Fosbroke-Hobbes v Airwork Ltd)
A ladder (Wheeler v Copas)