Occupiers Liability act 1984 Flashcards

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1
Q

danger due to state of premises

A

s1.1 covers injury as a result of any danger due to the state of the premises, things done or things omitted to be done to the premises

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2
Q

Keown v Coventry NHS

A

small boy climbs fire escape, falls and injures himself, wasn’t liable as he knew the dangers

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3
Q

duty owed to trespassers

A

s1.3 occupier will owe a duty if all three of the below are satisfied if not the claim will fail

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4
Q

aware of danger

A

reasonable ground to believe danger is there

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5
Q

trespasser may come into the area

A

the courts will also take into account the day/time when this happened

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6
Q

expected to offer some protection

A

where dangers are obvious the occupier will not be liable

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7
Q

defences

A
  • warning notices
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8
Q

warning notices

A

can be effective if sufficiently warns of danger. likely to be effective for adult trespasser.for a child trespasser will depend on age and understanding

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