Occupiers Liability (OLA 84) Flashcards
What is the act for Occupiers Liability when the defendant enters without permission?
The Occupiers Liability Act 1984
Can you sue for damage to property under OLA 84?
No can only sue for personal injury if you are a tresspaser
What does OLA 84 S1.1 say?
Must relate to the state of the property
What case is a common example of OLA 84?
Tomlinson v Congleton
What is the case of Tomlinson v Congleton?
A man entered a park as a lawful visitor but jumped in a lake that had warning signs so was then judged under OLA 84
What does S1.3 of OLA 84 say?
says the occupier owes a duty of care if three points are met
What is the first point that must be met?
“The occupier is aware of the danger or has reasonable grounds to believe it exists”
What is the second point that must be met?
“They know,or have reasonable grounds to believe, that the other person is in the vicinity of the danger concerned, or that might come into the vicinity of the danger”
What two cases relate to the second point?
Swain v Natui Ram Puri
Scott v ABP
What is the case Swain v Natui Ram Puri?
9 yr old boy injured when climbed on roof and fell occupier didn’t have reasonable grounds to believe he would enter
What is the case Scott v ABP?
2 separate accidents, 4 years apart. There was no DOC owed for first accident as unaware of risk, did owe a DOC for the second as aware they could enter the vicinity- not liable as pt 3 they had put up a fence. Can also consider children here-more likely to come into the vicinity, particularly if an allurement, Glasgow Cpn V Taylor
What is the third point that must be met?
“The risk is one which in all circumstances of the case, the occupier may reasonably be expected to offer the other some protection from”
Platt v Liverpool CC
Boys playing in derelict building, 1 was killed. Building was secured and regularly checked. Council put up 8 foot fence and planned to demolish. Council not liable
What do you consider when the trespasser is a child?
Use the same quotes from OLA 57 “premises must be reasonably safe for a child of that age”
