Occupiers Liability Act 1984 Flashcards
What is the OLA 1984 AO1 split into?
-Intro
-OLA 1984
-Adults
-Children
-Defences
What do you write in intro?
An occupier is a person or persons who have sufficient control over the premises. There can be more than one occupier as stated in Wheat v E.Lacon
What do you write in OLA 1984
-A trespasser is a person who has no permission to be on the premises or who had permission and went beyond that permission
-S1(1) states that the occupier owes a duty of care to people other than lawful visitors for injury on the premises by reason of any danger due to the state of the premises.
-s1(3) OLA 1984
-S1(4) OLA 1984 = occupier to take care to see the trespasser is not injured by that danger
What do you write for S1(3) OLA 1984 in the OLA 1984 section?
S1(3) OLA 1984 states that the occupier owes a duty to a trespasser:
-If he is aware of the danger or has reasonable grounds to believe it exists
-He has reasonable grounds to believe someone is in the vicinity of the danger
-The risk is one that he should offer protection against
What do you have to write for adult trespassers?
-Don’t have to warn against obvious danger, as stated in Ratcliff
-Occupiers may not be liable if the harm occurred at a certain time of year or day, as stated in Donoghue
-Don’t have to protect if don’t know the danger existed, as stated in Rhind
-The occupier doesn’t have to spend lots of money making their premises safe from obvious dangers, as stated in Tomlinson
What do you have to write for child trespassers?
-Children are treated in the same way as adult trespassers, as stated in Baldaccino
What three points do you write for defences?
-Consent and contributory negligence apply to occupiers liability
-Warnings signs, can be a complete defence if considered adequate. If trespasser is a child it will be considered whether it is enough for a child of their age.
-Can claim for personal injury only.
