Occupiers Liability Act 1984- COMPLETE Flashcards
When can the occupiers liability act be used?
-In cases of personal injury or death.
-When the D is a trespasser.
What section outlines that the occupiers liability act can only be used in cases of PI or death?
S1 (1)(a) and S1 (4)
What is meant by a trespasser?
Somebody who has entered land or premises without permission
Tomilson V Congelton Borough council & others
Defines a trespasser as somebody who has entered land or premises without permission
Structure of OLA 1984 question
1- intro+who is a tresspasser.
2-occupier? Premises?
3-activity not prem- S1 (3)- Duty?
4- 1 (4)- ‘in all circumstances’
5- Defences
6-Is the breach the factual cause of…
7-Damages and damage
What is meant by an occupier?
‘defined under common law as having some degree of control over a premises’
Which case described an occupier?
Wheat V E Lacon
Wheat V Lacon
‘defined under common law as having some degree of control over a premises’
What section is an occupier defined under?
S1 (2) (A)
What is meant by a premises?
-‘any fixed or moveable structure’
-can include houses, building and land.
What section defines a premises?
S1 (3)
What are the two requirements of OLA 1984?
1.The danger must come from the premises and not the activity
2. Section 1(3)- duty
Which case outlined that the danger must come from the premises and not the activity?
Keown V NHS Trust
Keown V NHS trust?
The danger must come from the premisise and not activities
What are the three situations in which a duty of care will be owed under S1 (3)
1 (3) (a)- he is aware of the danger/ has RG to believe it exists.
1 (3) (b)- he knows/ has reasonable grounds to believe someone else is/ may come into the vicinity of danger.
1 (3) (c)- is the risk one in all circumstances the occupier may be reasonably expected to offer some protection against.
What case goes with S1 (3) (A)- he is aware of the danger/ has RG to believe it exists.
Ratcliffe V McConnel & another
Ratcliffe V McConnel & another
-1 (3) (a)
-obvious dangers.
What case goes with S1 (3) (B)- he knows/ has reasonable grounds to believe someone else is/ may come into the vicinity of danger.
Donoghue V Folkstone properties LTD. (have people trespassed there before?)
What does S1 (4) outline?
‘take such care as is reasonable so that the non visitor does not suffer injury on the premises’
Which case outlines that in the case of adult visitors the D will not be held liable for obvious dangers?
Ratcliffe V McConnell & another
Who does the occupier not need to protect against?
‘the irresponsible minority’
Which case says that you do not need to protect against risks of the irresponsible minority?
Platt V Liverpool CC
Which defences are available for the OLA 1984?
-Consent (find in defences flashcards)
-Contributory negligence (find in defences flashcards).
Warnings and warning signs S1 (5)
What does a warning sign aim to do?
-discourage others from taking a risk
What are the three parts of factual causation?
-‘but for test (Barnett V Chelsea and Kensington hospitals)
-wagonmound (remoteness- was the type of damage reasonably foreseeable).
-Smith V Leechbrain- thin skull test- as long as the type of damage was reasonably foreseeable then the extent of the damage is irrelevant.
For damages see previous flashcards!!!
!!!!
What is important to consider under 1 (8)- DAMAGE
-Can only claim for death or personal injury but not claims for property.
What would the first sentence of OLA likely be?
Firstly, It must be identified whether the claimant is a trespasser in order for the occupier’s liability act 1984 to apply and this can only be used in cases of personal injury or death (ss 1(1)(a) and S1 (4)).
