Occupiers Liability Act 1984

Question 1

Before OLA 1984

Answer 1

Occupiers owed no duty to trespassers except not to deliberalty recklessly inflict injury

Question 2

Addie v Dumbreck 1929

Answer 2

Child injured on eqiupemt in field after trespassing through hole in fence. no duty owed pre OLA 1984

Question 3

Definition of Occupier

Answer 3

s.2(a) OLA 1984
‘Person occupying or having control over an fixed or movable structure, including a vehicle or vessel’

Question 4

Duty applies to

Answer 4

Duty applys to all those who aren’t lawful visitors
Lawful visitors to sites specified under the National Parks & Access to Countryside Act 1949

Question 5

No Reason to suspect trespasser

Answer 5

Higgs v Foster 2004
- Police officer fell into uncovered pit when surveilling, he was judged to be an unlawful visitor.
even though the occupier knew of the risk he had no reason to suspect a trespassser

Question 6

Child Tresspassers + Case

Answer 6

Same Statutory rules.
Keown v Coventry NHS Trust 2006 - 11year climbed external fire escape and fell.
Court of Appeal held that since the child appreciated the danger, there was no danger due to the state of the premises
Hospital not liable

Question 7

Defences

Answer 7

Contributory Negligence
Consent (Volenti)
Warnings

Question 8

Defence of Contributory Negligence

Answer 8

This defence can be applied to reduce damages payable by preparation the judge thinks reflects the claimants responsibility

Question 9

Defence of Consent (Volenti)

Answer 9

Defence for when the claimant appriceates the nature and degree of risk not just it’s existence

Question 10

Defence of Warning
+ Section

Answer 10

s.1(5) OLA 1984
‘Occupier may discharge duty by taking reasonable steps to give warning of the danger’

Question 11

Establish Claim

Answer 11

• Injury due to state of premises
• Occupier aware of danger
• Occupier reason to suspect trespasser
  -Risk against which the occupier would be expected to take precautions
• Occupier taken reasonable care

Question 12

Injury due to state of premise

Answer 12

Ratcliff v McConnell
- Climbed fence and jumped into pool

Question 13

Occupier aware of danger

Answer 13

Rhind v Astbury water park
- submerged

Question 14

Risk which occupier may be expected to take precautions

Answer 14

Tomlinson v Conglenton Borough Council

Question 15

Occupier taken reasonable care

Answer 15

Warnings