Occupiers Liability Act 1984

Question 1

S.1(1)(a)

Answer 1

The duty applies to people other than lawful visitors for: “injury on the premises by reason of any danger due to the state of the premises or things done or limited to be done on them”

Question 2

The occupier will owe a duty if:

Answer 2

S.1(3)

1. Is aware of the danger or has reasonable grounds to believe it exists, and
2. Knows or believes the other is in the vicinity of danger, and
3. The risk is one against which he may be expected to offer some protection

Question 3

Occupier will not be liable if the trespasser is injured by an obvious danger

Answer 3

(Ratcliffe v McConnell)

Question 4

Time of day and year will be considered

Answer 4

(Donoghue v Folkstone)

Question 5

Occupier will not be liable if they have no suspicion to suspect trespassers

Answer 5

(Higgs v Foster)

Question 6

The occupier will not be liable if they did not know about the danger

Answer 6

(Rhind v Astbury Water Park)

Question 7

Warnings

Answer 7

(Westwood v Postoffice)