Occupiers Liability 84 Flashcards
What is a trespasser and what else do you need to define
Someone who has no permission or someone who has permission but exceeds it
Occupier and premises the same in OLA 57
What is the duty of care in OLA84
s1(3) Duty is to keep unlawful visitors free from injury- duty is to take such care as is reasonable in all the circumstances to see that the trespasser does not suffer injury on the premises because of danger
Occupier liable for foreseeable harm even if the precise damage or circumstance in which harm was cause are not foreseeable- Jolley v Sutton borough
When does a duty arise
s1(3)
a) Occupier is aware of danger
b) Occupier knows or has reasonable grounds to believe that the claimant is in vicinity of danger Donoghue v Folkestone
c) Risk is one against which he may reasonably be expected to offer protection Tomlinson v Congleton BC
What factors do the court take into account
Likelihood of trespass
Seriousness of injury risked
Cost and practicality of precautions
Age of trespasser- occupier should not have to guard against an irresponsible minority Platt v Liverpool
Time of day
What is one way an occupier can avoid liability
s1(5) warning sign may be effective to discharge liability Westwood v Post office
What are the defences for OLA 84
s1(6) Volenti( consent)
Contributory negligence
What are the remedies for OLA 84
s1(1) personal injury
s1(9) death
s1(8) no liability for damages to property