Occupiers Liability - Trespasser Flashcards
Occupiers liability trespasser- governed by
Occupiers Liability Act (OLA) 1984
Occupier- the occupier is the person in control of the premises at the time the harm was suffered
S1(2) OLA 1957
Occupier- an occupier has sufficient degree of control over the premises
Wheat v Lacon
Premises- a ‘fixed or moveable structure’ can be a premises
S1(3)(a) OLA 1957
Premises- see lawful visitor for other structure deemed as premises: e.g Ladder, lift, , vehicle and ship on dry dock.
Ladder- copas v wheeler
Lift- haseldine
Vehicle- Hartwell
Ship in dry dock- Horton
Trespasser- an occupier of a premises owes a duty of care to someone who is a trespasser
S1(3) OLA 1984
Trespasser- a trespasser is someone who doesn’t have permission to be on the premises and doesn’t fall into one of the lawful visitor groups
S1(2) OLA 1957
Trespasser- a trespasser can be someone who has exceeded the permissions granted to them
Tomlinson OR The Calgarth
State of the premises- the Cs harm must be caused by the state of the premises or something that has been failed to be done
S1(1) OLA 1984
Does the D owe a duty of care- all of the following 3 elements of ………….. has to be satisfied for the D to be liable
S1(3) OLA 1984
Does the D owe a duty of care- the occupier is aware of the danger or has reasonable grounds to believe it exists
S1(3)(a) OLA 1984
Does the D owe a duty of care- the occupier knows or has reasonable grounds to believe a trespasser is in or may come into the vicinity of the danger
S1(3)(b) OLA 1984
Does the D owe a duty of care- the risk is one which against in all circumstances the occupier may be reasonably expected to offer protection
S1(3)(c) OLA 1984
Type of duty of care- the D is required to take reasonable steps to keep the C reasonable safe
S1(4) OLA 1984
Type of duty of care- nature of the premises; if highly dangerous situation and the occupier had taken reasonable care to stop trespassers being injured then the duty of care was not breached
Ratcliff v McConnell
Type of duty of care- degree of danger; if an obvious risk the occupier is not required to take reasonable care to protect a trespasser as they should guard against it themself
Ratcliff v McConnell
Type of duty of care- degree of danger; a trespasser is not expected to engage in foolhardy activities
Donoghue
Type of duty of care- age of the trespasser; rules that apply to an adult also apply the same to children
Keown
Type of duty of care- practicality of precautions; the occupier is required to provide reasonable precautions e.g warning signs
Tomlinson
Warning signs- the duty may be discharged by giving a warning or discouraging others from taking the risk, it must be an effective warning
S1(5) OLA 1984
Warning signs- if the trespasser was a child the warning would have to be appropriate for a child of the same/similar age
Westwood
Conclusion- view defences and remedies as well as past paragraphs found in books
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