Occupiers Liability

Question 1

What can a trespasser claim for under OLA 1984?

Answer 1

Personal injury only.

Question 2

What three things must be established for an occupier to owe a trespasser a duty of care under OLA 1984?

Answer 2

1. Was the occupier aware of the danger or had reasonable grounds to believe it existed?
2. Did the occupier know or have reasonable grounds to believe that the other was in the vicinity or may come into the vicinity of the danger?
3. The risk is one against which, in all the circumstances of the case, the occupier may reasonably be expected to offer some protection from.

Question 3

What can a visitor claim for under OLA 1957?

Answer 3

Personal injury and property damages.

Question 4

When will a warning notice be adequate under OLA 1957?

Answer 4

It must make obvious:
1. What the danger is
2. Where the danger is
3. How to avoid the danger

Question 5

What is the effect of an adequate warning notice under OLA 1957?

Answer 5

It will satisfy the duty of care owed to the visitor by the occupier.

Question 6

When will a warning notice be adequate under OLA 1984?

Answer 6

It must be reasonable to warn of the danger - can be as simple as a notice or physical barriers.

Question 7

Under OLA, the occupier has the right to restrict or exclude its duty of care with exceptions - what are these?

Answer 7

1. Occupier cannot contract to exclude or restrict the common duty of care which he owes to strangers to the contract (i.e. employees of the visitor he has contracted with).
2. UCTA 1977 (B2B) - cannot restrict liability for death or PI resulting from neg. Can only restrict liability for other loss insofar as reasonable.
3. CRA 2015 (B2C) - cannot restrict liability for death or PI resulting from neg. Can only restrict liability for other loss insofar as terms are not unfair.
4. Common law duty - would a conscientious man in D’s position be reasonably expected to have done something to help avoid the accident?