A4.3 Outline the main civil law statutory duties owed by the occupiers of premises to lawful and unlawful visitors. Flashcards
1
Q
According to OLA (occupiers liability act) 1984, when does an occupier owe a duty of care to trespassers?
A
- when the occupier knows that trespassers are gaining access
- when the occupier is aware of the danger or has reasonable grounds to believe it exists
- where the risk is one where the occupier may be reasonably expected to offer some protection
However, the above duty may often be discharged using some form of warning, such as a display of a notice. This would be appropriate for adults, but may not be for children.
2
Q
What is the general duty owed by the occupier of premises to visitors?
A
- ‘a duty to ensure that visitors will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there’
