Occupiers liability 1984 Flashcards
The relevant area of law is occupiers liability and D is covered by the 1984 Act. The act applies to…
occupiers. This is a person who controls the premises, usually the owner but can also be a tenant: Wheat. (apply)
The duty is owed when…
the visitor is on the occupiers premises which includes land or buildings. The definition in S1(3) states that it includes “a fixed or moveable structure, including any vessel, vehicle and aircraft. (apply)
The 1984 Act covers…
unlawful visitors or trespassers. Anyone who is not a lawful visitor is an unlawful visitor. This could be someone who is uninvited, or someone invited who does something unauthorised. (apply)
Under S1(1) unlawful visitors…
can claim for “injury on the premises by reason of any danger due to the state of the premises or things done or omitted to be done on them.” This requires the occupier to provide protection against danger by providing a safe premises.
The following requirements contained in S1(3)…
must be met before a claim can be made: Swain (1) The occupier is aware of the is aware of the danger or has reasonable grounds to believe it exists. (apply)
(2) The occupier knows that…
a trespasser is or might be in the vicinity of the danger. (apply) (3) The risk is one against which he might be expected to offer protection against. (apply) Can claim?
Defences available?
An occupier might be protected if he gives warning off possible danger. This could be a sign, fence or a door: Tomlinson. (apply) The defence of consent may be available as no duty is owed to risks willingly accepted: Ratcliff. (apply)
Damages awarded if successful.
