Occupiers Liability - Tresspassers

Question 1

What is the statute for Occupiers Liability?

Answer 1

Occupiers Liability Act 1984

Question 2

What is an occupier?

Answer 2

Someone who controls the premise, Wheat v Lacon

Question 3

What is a premise?

Answer 3

Any land or building on land, s1(3) includes and fixed or movable structure

Question 4

When may a duty arise?

Answer 4

Danger due to the state of the premise or things done or omitted to be done on them

Question 5

What must the claimant prove to establish a duty of care?

Answer 5

S1(3)
1. D is aware of the danger or has reasonable grounds to believe it exists
2. D knows or has reasonable grounds to believe someone else is in the vicinity of the danger, Donoghue v Folkestone properties
3. The danger is one which he may be expected to offer some protection against