Occupier's Liability Act 1984

Question 1

What is Occupiers liability 1984?

Answer 1

The Occupier Liability Act 1984 protect trespassers who have been injured as a result of the premises.

Question 2

Who is an Occupier?
case example?

Answer 2

An occupier is someone in sufficient control of the premises
case example Wheat V E Lacon

Question 3

What is a premise?
Case example?

Answer 3

A premise is any fixed or moveable structure like aircraft , vessel
case example; Wheelar V Copas

Question 4

What is S1(1)(a) OLA 1984
case example?

Answer 4

A duty applies towards people other than lawful visitors for injury on the premises due to the state of the premises
case example; Ratcliff V McConnell 1999

Question 5

S1(3)(a) OLA 1984
case example?

Answer 5

The occupier will only owe a duty under S1(3) if they are aware of the danger or have a reasonable ground to believe that it exists
case example; Rhind V Astbury Water park

Question 6

S1(3)(b) OLA 1984

Answer 6

The occupier knows or has reasonable grounds to believe that the other person is in the vicinity the danger is concerned
case example; Higgs V foster

Question 7

S1(3)(c) OLA 1984

Answer 7

It is reasonable to expect occupier to protect the other person against the risk.
case example; Thomlinson V Congleton BC 2003

Question 8

what is S1(4) OLA 1984

Answer 8

The duty is to take such care as is reasonable in all circumstances to keep the claimant reasonably safe from danger.
case example; Donoghue V Folkstone property

Question 9

What is the rule with age of trespassers

Answer 9

Under the 1984Act, judges approach child visitor the same as adult visitors
case example; Keown V Coventry NHS 2006

Question 10

Cost of safeguarding obvious danger

Answer 10

The Occupier does not have to spend lots of money in making the premises safe from obvious danger.

Question 11

Defences to OLA 1984.
S1(5) OLA 1984

Answer 11

This section provides that the occupier can discharge his duty to the trespasser by giving a warning sign of the danger as long as it sufficiently warns of it
case example; Westwood V post office 1973

Question 12

Contributory negligence Act 1945

Answer 12

This is a partial defence, the occupier will argue that he claimant is partly responsible for their injuries , if successful, the amount of compensation will be reduced

Question 13

S1(6) OLA 1984

Answer 13

No duty is owed to anyone who is willing to accept the risk willingly

Question 14

S65 Consumer rights act 2015

Answer 14

An occupier cannot exclude liability for personal injury or death.