Occupiers Liability Act 1984

Question 1

What is the OLA 1984?

Answer 1

Act covering duty to trespassers, this depends on if an unlawful visitor is injured on occ premises. Provides a limited duty, before this act trespassers were only protected against deliberate/ reckless damage caused by the occ shown in Addie v Dumbreck and the HOL over ruled this using the practice statement in British Railway v Herrington.

Question 2

What duty is owed?

Answer 2

Duty for injury on the premises by reason of any danger due to the state of the premises/things done/omissions, this covers injury and death but not property damage and a lawful v can become a trespasser if they exceed their permission. Occ owes a duty if:

• they are aware of the danger
• know that the other is in the vicinity of danger
• the risk is one against which he may be expected to offer the other some protection.

Question 3

Precautions (6)

Answer 3

• degree of danger, no liability if the danger is obvious shown in Ratcliff v McConnell
• time of accident, time/day of the year is relevant shown in Donoghue v Folkestone pproperties
• cost of safe guarding the obvious danger, don’t have to spend a lot to make the premises safe shown in Tomlinson v Congelton Council
• knowledge of trespasser, no liability if you are unaware shown in Higgs v Foster
• awareness of danger, no liability if you are unaware shown in Rhind v Astbury Water Park
• age of potential trespasser, same applies to adults and children shown in Keown v Coverntry Hc NHS

Question 4

Remedy

Answer 4

If the occ is liable for a breach of duty, the remedy for a trespasser is damages and it is only PI rather than property eg compensation.