Occupiers Liability Act 1984 Flashcards
Who does the OLA 1984 apply to?
Gives limited duty of care towards of trespassers
How is the duty defined in the act?
s1(1)(a), for an injury on premises by reason of any danger due to the state of the premises or things done or omitted to be done on them
Who is an occupier/the defendant?
s1(2), a person who has a sufficient degree of control to allow or prevent people from entering
Who is a trespasser/the claimant?
Someone who goes on the land without permission, the occupier objects to this or does not know they are there
How are premises defined?
Any fixed or moveable structure including any vessel, vehicle or aircraft
What section of OLA 1984 gives the criteria for a duty of care to be established?
s1(3)
What are the three parts that must be established for there to be a duty of care?
The occupier knew of the danger or had reasonable grounds to believe it existed, the occupier knew or believed that a trespasser may come to the danger and in the circumstances was it reasonable to expect the D to offer some protection
What case showed the occupier was not liable as it was an obvious danger? (1st part of the duty)
Ratcliff v McConnell
Which case showed the occupier was not liable as they did not know or believe a person may trespass on their land?
White v St Albans DC
What case shows that it was reasonable to expect the occupier to offer some protection?
Tomlinson v Congleton B.C.
What section gives the standard of care and what is the standard of care?
s1(4), care as is reasonable in the circumstances to prevent injury to the trespasser (look at size or risk, risk of serious injury, cost etc.)
What section gives how the standard of care may be met?
s1(5), giving a warning of the danger or discouraging the the trespassers
What is meant by Volenti non fit injuria and what section of the act?
s1(6) not liable for a risk that is willingly accepted by the trespasser
