Occupiers' Liability (1984)

Question 1

Occupiers’ Liability Act 1984

Answer 1

Trespassers

Question 2

What can a trespasser who suffers injury claim for?

Answer 2

Personal injury - due to the state of the premises (not damage to property s.1(8))
Siddorn v Patel 2007

Question 3

Is the duty under OLA 1984 automatic?

Answer 3

No

Question 4

s.1(3) OLA 1984 provides that the occupier will only owe a duty to a trespasser if:

Answer 4

(a) he or she is aware of the danger ir has reasonable grounds to believe it exists
(b) he or she knows or has reasonable grounds to believe that the trespasser is in the vicinity of the danger or may come into the vicinity of the danger
(c) the risk is one against which, in all the circumstances, he or she may reasonably be expected to offer the other some protection

Question 5

s.1(3)(a) Case

Answer 5

Rhind v Astbury 2004

Question 6

s.1(3)(b) Case

Answer 6

Donoghue v Folkestone Properties 2003

Question 7

s.1(3)(c) Case

Answer 7

Tomlinson v Congleton BC 2003 - would not be reasonable to offer protection against a natural feature of the lake

Question 8

Duty owed to trespassers

Answer 8

s.1(4) to take such care as in all the circumstances is reasonable to see that the trespasser does not suffer injury on the premises by reason of the danger concerned

Question 9

Is the standard of care objective or subjective?

Answer 9

Objective
s.1(4)

Question 10

Tomlinson v Congleton 2003

Answer 10

The court emphasised that an occupier does not have to spend lots of money in making premises safe from obvious dangers
s.1(4)

Question 11

Ratcliff v McConnell 1999

Answer 11

The danger must arise due to the state of the premises and occupiers owe no duty to guard against obvious dangers
s.1(4)

Question 12

Defences to claim by a trespasser

Answer 12

-Warning notices s.1(5) Westwood v Post Office 1973
-Contributory negligence
-Consent (volenti)