Occupiers' Liability Act 1984 Flashcards
What is a trespassers?
A person who has no permission to be on O’s premises
Gone beyond their permission on the premises
What does S.1(1)(a) OLA 1984 state?
O owes a DOC to people who aren’t LV for PI only
What does S.1(3)(a) OLA 1984 state?
He is aware of danger or has reasonable grounds to believe it exists
What does S.1(3)(b) OLA 1984 state?
He knows or has reasonable grounds to believe there are trespassers in the vicinity
What does S.1(3)(c) OLA 1984 state?
The danger is one against which the O can be reasonably expected to provide some protection against
Where does adult trespassers come under?
S.1(4)
What does S.1(4) state?
Duty is to take such case as is reasonable in the circumstances to see the trespasser is not injured by the danger
What test is used to adult trespassers?
Objective test
What are the different factors for adult trespassers?
O not liable if obvious danger
O not liable if didn’t expect anyone there at that time of day/yr
O not liable if warning signs are ignored as O doesn’t have to spend lots of money keeping premises safe
O not liable is had no reason to suspect presence of trespasser
O not liable if not aware of danger
O not liable if obvious danger case?
Ratcliffe v McConnell - swimming pool - was obvious
Time of day/yr case?
Donoghue v Folkestone Properties - Harbour - winter - midnight - not liable
Warning signs case?
Tomlinson v Congleton BC - Built wall - had signs - not liable
No reason to suspect presence of trespasser case?
Higg v Foster - police - no warrant
Not aware of danger case?
Rhind v Astbury Water Park - submerged container in water park - not liable
What is the rule on child trespassers?
Same as adult trespassers
