Occupiers Liability Act 1984 Flashcards
What does it impose liability on?
Imposes liability on occupiers with regard to persons other than visitors, such as trespassers (burglars) and those who exceed permission.
Trespassers
Persons on occupiers land who have no permission or authority to be there.
Case: Revill v Newberry - Contributory Negligence
C was a burglar, shot by D.
POL: D liable, CN taken into account and reduced damages.
Section 1(8)
Death and personal injury are the only protected forms of damage.
Section 1(3) - Occupier owes DoC to non-visitor if:
1) Occupier aware of danger or reasonable grounds to believe it exists.
2) Knows / reasonable grounds to believe other is in vicinity of danger.
3) Risk is one, in which in all circumstances, the occupier may reasonably be expected to offer some protection.
Case: Donoghue v Folkestone Properties Ltd - Reasonable
C injured diving into harbour on boxing day.
POL: D not liable since time of year since time of year was not reasonable to guard against actions like that.
Standard of Care:
Objective, if not met it will result in breach.
Burglars
Trespassers
Exceeding permission.
Section 1 (4)
Duty is to take such care as is reasonable in all the circumstances of the case to see that the other does not suffer injury on premises by reason of danger concerned.
Case: Ratcliff v McConnell - Standard of Care
C injured by diving into college pool late at night.
POL: Locks and warning sufficient, D not liable.
Case: Ratcliff v McConnell What does this mean?
Means that the premises must be dangerous, not the activity C engages in.
Case: Keown v Coventry Healthcare NHS Trust - Premises
C, a child fell from a fire escape he climbed.
POL: Premises not dangerous, D not liable.
Warnings: (relevant to danger)
Section 1(5)
Duty may be discharged by giving warning.
Volenti non fit injuria
The same as 1957, except no visitors.
Contributory Negligence
Same as 1957.
Exclusion of liability
Exclusion of liability is not expressly forbidden by Act so it may be possible.
