Occupier Liability 84 P2 Flashcards
What is the definition of a trespasser
Someone who enters without an invitation or whose presence is unknown to the occupier
What are the three things that makes someone a trespasser (T)
Limits to area
Limits as to time
Limits as to purpose
What is meant by Limits to area as a factor making someone a T
May be parts of a premise which people are not permitted ot enter
What case showed where there is lack of clarity on limits to area, they will be interpreted against the occupier - zoo lions
Pearson V Coleman Bros (1948)
What is meant by Limit as to time as a factor making someone a T
A visitor who stays longer than they should becomes a trespasser
What is meant by Limits as to purpose as a factor making someone a T
If invited onto premise for a particular purpose and chooses to do something different means you are a trespasser
How does the case of Tomlinson V Congleton BC (2003) link to Limits as to purpose for making someone a T
C became a trespasser when he stopped doing things he was allowed to do and started doing things he wasnt supposed to be doing
What are the 4 requirements for establishing DOC under OLA 84
S1(1) - claim must arise from the dangerous state of the premises and not from what C is doing
S1(3)(a) - occupier must be aware of the danger or have reasonable gorunds to believe it exists
S1(3)(b) - occupier must know or ought reasonably to know that someone is in the vicinity of the danger
S1(3)(c) - danger is one in all circumstances occuipier ought to reasonably protect against
What case is used to show under S1(1) that the premises must be dangerous and no what they were doing - fire escape
Keown V Coventry NHS Trust (2006)
Which case is used for S1(3)(b) - know of vicinity of the danger - Harbour dive in water and occupier had no reasonable belief to think he would be there
Donoughue V Folkestone Properties (2003)
Which case is also used for S1(3)(b) involving a police offiver falling into an inspection pit
Higgs V Foster (2004)
How does Tomlinson V Congleton BC (2003) link to S1(3)(c) may reasonably expect to offer some protection against the danger
C had seen and read the warning signs about no swimming so occupiers DID offer protection
What 5 risk factors can be involved in BREACH of OLA 84 ( same as negligence)
Foreseeability, likelihood, severity, reasonable precautions and social utility
What does S1(4) uphold for OLA 84
Standard of care that is reasonabe in all the circumstances too see that the trespasser is not injured by reason of the danger (BREACH)
What did PLatt V Liverpool City Council (1997) state in its ratio in relation for S1(4) BREACH - case about building collpase and killing a child but jumped many fences 8ft to enter
Occupiers do not have to guard against an irresponsible minority
