Occupiers Liability 1984

Question 1

Act for

Answer 1

Unlawful visitors

Question 2

Can make a claim under

Answer 2

Occupiers Liability 1984

Question 3

Define

Answer 3

“Injury by reason of any danger due to the state of the premises or things done or omitted to be done”

Question 4

(1/4) Aware of danger

Answer 4

(Rhind v Astbury Water)
Owner must be aware of the danger or has reasonable grounds to think it exists.

Question 5

(2/4) Vicinity of danger

Answer 5

(Donoghue v Folkstone)
Occupier must believe the other is in vicinity of danger.

Question 6

(3/4) Guard against risk

Answer 6

The risk is one which the owner guards against - courts look at whether the occupier could have taken reasonable practical precautions against the risk.

Question 7

(4/4) State of premises

Answer 7

The courts look at whether the state of premises

Question 8

Defences

Answer 8

Contributory negligence - reduce damages

Warning signs - Do not have to warn adult trespassers against obvious risks against obvious dangers.

Obvious risks - do not have to spend lots of money making premises safe from an obvious risk.