Occupiers Liability Act 1984

Question 1

What is the 84 act?

Answer 1

Where a tresspasser with no permission or visitor who has gone beyond their permission is on the premises. Personal injury only.

Question 2

What is scope of duty

Answer 2

S.1(1)(a) : occupier owes a duty to people who are not lawful visitors for personal injury only

S.1(3)(a) aware of danger
S.1(3)(b) knows or has reason to believe trespassers exist
Case : Swain v Natui Ram Puri
S.1(3)(c) expected to provide some protection

Question 3

How is this applied to adult trespassers?

Answer 3

S.1(4) duty is to take reasonable care (objective test)

Obvious Dangers
Case : Ratcliff v Mcconell

Time of day/year
Case : Donohogue v Folkestone properties

Warning signs ignored
Case: Tomnlinson v Congleton Borough Council

Unknown trespassers
Case : Higgs v Foster

Unaware of danger
Case : Rhind v Astbury Water park

Question 4

How are child trespassers applied?

Answer 4

-Same statutory rules apply to children as they do adults

Case : Keown v Coventry Healthcare NHS Trust (boy put himself in danger, no liability)

Question 5

What are the defences under the 84 act?

Answer 5

1. Contributory Negligence
2. Consent
3. Warning signs (outlined in Westwood v Post Office)