Occupiers Liability 1984

Question 1

Addie v Dumbreck

Answer 1

Held: No compensation could be claimed as the child was a trespasser

Question 2

s.1(1)(a) OLA 1984: Scope of duty

Answer 2

A duty applies to those other than lawful visitors for ‘injury on the premises by reason of danger due to the state of it/things done on them

Question 3

Compensation

Answer 3

Personal injuries only- damage to property isn’t covered as trespassers are deserving of less protection than lawful visitors

Question 4

An occupier will only owe a duty if… (3)

Answer 4

a) he’s aware of the danger
b) knows/has reasonable grounds to believe they could come into the vicinity of danger
c) the risk is one which, despite the circumstances of the case, he may be expected to offer some protection

Question 5

Ratcliff v McConnell

Answer 5

Facts: 19y/o student climbed the fence of his college open air pool at night and was seriously injured when he dived hitting his head on the ledge

Held: CoA decided that the occupier wasn’t required to warn adults of the risk against obvious dangers as pools vary in size and depth

Question 6

Higgs v Foster

Answer 6

Held: Although the occupiers knew the pit was a potential danger they couldn’t have anticipated his presence on the premises- not liable

Question 7

Keown v NHS Trust

Answer 7

Held: Since the boy appreciated the danger and it wasn’t the state of the premises the hospital wasn’t liable

Question 8

Defences (3)

Answer 8

Consent
Contributory negligence
Warning signs

Question 9

Remedies

Answer 9

If occupier is liable for breach of his duty the remedy claimed by a trespasser is damages for personal injury only