Occupiers liability act 1984 Flashcards
Who does the OLA 1984 deal with
Trespassers
What section does premises fall under for OLA 1984
S1(2)
What are the 4 times under OLA 1984 that a person is a trespasser
Enter without invitation, Presence is unknown to the occupier, known to the occupier but they have objected in some way (sign or fence) or exceeds the limits of his permission on the land
What must the claimant prove in order to establish a duty of care under OLA 1984 and what case would you use
The dangerous state of the premises caused the accident and not the dangerous activities of the claimant (Keown v Coventry NHS trust)
What is the three part test that needs to be satisfied for duty of care
The occupier was aware of the danger or has reasonable grounds to believe it exists, they have reasonable grounds to believe someone is in the vicinity of that area of danger or will be and the danger is one which may be reasonable expected to offer some protection against
What section of OLA 1984 would you use for the occupier was aware of the danger or has reasonable grounds to believe it exists in duty of care and what case
S1(3)(A) and Rhind v Astbury
What section of OLA 1984 would you use for he knows or has reasonable grounds to believe that someone else is in the vicinity of the danger or may come into the vicinity of the danger in duty of care and what case
S1(3)(B) and Higgs v Foster
What section of OLA 1984 would you use for the danger is one which, in all the circumstances, he may reasonably be expected to offer some protection against in duty of care and what case
S1(3)(C) and Tomlinson v Congleton borough council
What allowances are given to child trespassers under OLA 1984
None they are treated the same as adults
What case states that children should be treat the same as adults under OLA 1984
Keown v Coventry healthcare NHS trust
What is the standard of duty owed by an occupier in OLA 1984 once a duty has been established
An occupier will have to take ‘reasonable care’ to ensure trespassers do not suffer injury due to a danger on the premises
What case would you use for standard of duty in OLA 1984
Ratcliffe v McConnell
When can you discharge your duty under OLA 1984
By taking such steps to give warning of the danger concerned or to discourage persons from doing the risk e.g. signs, fences…
What section of OLA 1984 does discharging duty fall under
S1(5)
What case would you use for discharging the duty under OLA 1984
Platt v Liverpool city council
