Occupiers Liability Act (1984) Tresspassers

Question 1

What does OLA 1987 concern

Answer 1

Unlawful visitors aka - trespassers

Question 2

Similarly to 1957 we must establish an occupier and premises what is the definition of these two

Answer 2

Occuper is the one in control of the land as covered in Wheat v Lacon
Premises is any fixed or moveaable structure

Question 3

What is the definition of a ‘trespasser’ (two things)

Answer 3

either:
1) someone who has no permission to be on the occupier’s premises
2) someone who does have permission to be on the land but has has gone beyond their permission

Herrington v British Railways Board,

Question 4

Whats a key difference between OLA 1984 and 1957 in regards to children

Answer 4

Children are given the same statutory rules as adults in 1984:

Question 5

There are five key questions / elements of OLA 1987. What is the first?

Answer 5

Was the injury due to the state of the premises? Ratcliff v McConnell (1999)

Ensures Injuries are caused by the state of the premises, not the claimant’s own stupidity

Question 6

What is the second element / question of OLA 1987?

Answer 6

Asks if the occupier was aware of the danger?
Herrington v British Railway Board

Question 7

What is the third element / question of OLA 1987?

Answer 7

Did the occupier have reason to suspect trespassers?
Higgs v Foster

Question 8

What is the fourth element / question of OLA 1987?

Answer 8

Is it a risk against which the occupier may be expected to take precautions?
Tomlinson v Congleton Borough Council (2003)

Question 9

What is the fifth element / question of OLA 1987?

Answer 9

Has the occupier taken reasonable care to prevent possible injury (e.g warning signs)