Occupiers Liability act 1984 Flashcards
danger due to state of premises
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
Keown v Coventry NHS
small boy climbs fire escape, falls and injures himself, wasn’t liable as he knew the dangers
duty owed to trespassers
s1.3 occupier will owe a duty if all three of the below are satisfied if not the claim will fail
aware of danger
reasonable ground to believe danger is there
trespasser may come into the area
the courts will also take into account the day/time when this happened
expected to offer some protection
where dangers are obvious the occupier will not be liable
defences
- warning notices
warning notices
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