Occupier Laibilty- 1984 Flashcards
What is the OLA 1984 for
Duty of care owed to trespassers while in/on premises
what 2 things need to be proven for OLA 1984
- duty of care
- breach of duty
What is the duty of care for trespassers
Duty to protect against personal injury owed to a trespasser (injury have have been caused by state of premises for duty to be available)- not extend to property damage
What are the 3 circumstances where a duty is owed
- occupier aware of danger/has reasonable grounds to believe it exists
- occupier knows/ has reasonable grounds to believe other is in vicinity of danger or may come onto the vicinity
- risk is one which he may reasoably be expected to offer some protection
What case is used for occupier is aware of dangers/has reasonable grounds to believe it exists
Rhind v astbury water park
What case is used for occupier has reasoable grounds to believe that other is on vicinity
Ratcliff v mconnell- not required to warn adults of obvious dangers
What are the factors to consider when deciding if the occupier is under a duty to provide protection to the trespasser
- nature/danger of premises
- forseeability of trespasser
- possible age of trespasser
- gravity of possible injury
- cost of possible protection
What is the duty owed for child trespassers and what case is used
Same as adults (keown v Coventry healthcare NHS trust)
When will a duty be breached for OLA 1984
When the occupier hasn’t taken reasoable steps to prevent personal injury
For breach of duty who is the occupier compared to
Reasonable occupier
Can warning signs also apply to trespassers
Yes
For a warning sign applying to a child what does this depend on
If the child is old enough to understand the warning
When can a duty be discarded for OLA 1984
If warning sign is used and is reasonable given the danger
