Occupiers Liability 1984

Question 1

Definition of Occupier’s liability 1984
What statute/section?

Answer 1

s1(1)(a) OLA 1984
Occupier owes duty to persons other than visitors to take care as is reasonable in all circumstances to see they don’t suffer injury on premises

Question 2

What is a trespasser?
- with cases

Answer 2

No/exceeds permission to enter premises

Question 3

Variations on exceeding permissions to enter?
- Name three with cases

Answer 3

• Entering restricted area (Pearson v Coleman Bros)
• Staying longer than allowed (Wood v Leadbitter)
• Undertaking different activity than allowed (Tomlinson v Congleton)

Question 4

What are the preconditions of an OLA 1984 Claim?

Answer 4

Claim must arise from the dangerous state of the premises
- Keown v Coventry NHS Trust

Question 5

When does Occupier owe duty to trespassers?
sections/cases?

Answer 5

• They’re aware of danger (s1(3)(a))
• they have reasonable grounds to believe trespasser is in vicinity of danger (s1(3)(b)) (Swain v Nat Ram Puri)

Question 6

What is the occupier expect to have done/do when they owe a duty of care to trespassers?

Answer 6

Reasonably expected to offer some protection
- Platt v Liverpool City Council

Question 7

Defences to OLA 1984

Answer 7

Contributory Negligence
- Young v Kent City Council

Consent (Volenti)
- s1(6( OLA 1984

Question 8

Remedies for OLA 1984

Answer 8

Damages for death/personal injury