Occupier's Liability 1984

Question 1

Occupier’s Liability Act 1984 states…

Answer 1

Occupiers owe tresspassers a duty of care

Question 2

Duty of care only owed when…
(OLA 1984)

Answer 2

• D. is aware/has reasonable grounds to believe the danger exists
• they know/have reasonable grounds to believe C. may come into the vicinity of the danger
• D. would be expected to offer protection against the risk

Question 3

Higgs v Foster

Answer 3

Not liable if had no reason to suspect the presence of a tresspasser

Question 4

Rhind v Astbury Water Park

Answer 4

Not liable if unaware of the danger

Question 5

Ratcliff v McConnell

Answer 5

Not liable if C. is injured by an obvious danger

Question 6

Unaware of danger
Unaware of tresspasser

Answer 6

Rhind v Astbury Water Park
Higgs v Foster

Question 7

Donoghue v Folkstone Properties

Answer 7

Time of year/day may be relevant as to whether a tresspasser would be expected

Question 8

Keown v Coventry Healthcare NHS Trust

Answer 8

The same rules apply to children

Question 9

Rules on children (OLA 1984)

Answer 9

Same apply - Keown

Question 10

Remedies (OLA 1984)

Answer 10

Compensation but only for personal injuries - stricter due to offence of tresspassing

Question 11

Defences (OLA 1984)

Answer 11

• Consent
• Contributory negligence
• Warning notice (Westwood v Post Office)

Question 12

Westwood v Post Office

Answer 12

If D. clearly/sufficiently warns C. of the danger then no/reduced liability