OLA 1984 Flashcards
Established a ‘common duty of humanity’ to trespassers
Herrington 1972
Herrington 1972
Established a ‘common duty of humanity’ to trespassers
Addie v Dumbreck 1929
Trespasser is someone with no permission or authority to be on the premises, or has exceeded permission and authority
Trespasser is someone with no permission or authority to be on the premises, or has exceeded permission and authority
Addie v Dumbreck 1929
When will someone have exceeded their permission?
If they have been asked to leave or have entered an area that they aren’t supposed to be in
S.1(3)(a) OLA 1984
The occupier must be aware of the danger or have reasonable grounds to believe that it exists
The occupier must be aware of the danger or have reasonable grounds to believe that it exists
S.1(3)(a)
Rhind v Aspey
Demonstrates S.1(3)(a)
Demonstrates S.1(3)(a)
Rhind v Aspey
S.1(3)(b)
The occupier must know or have reasonable grounds to believe that they are near the vicinity
The occupier must know or have reasonable grounds to believe that they are near the vicinity
S.1(3)(b)
S.1(3)(c)
The risk is one against which the occupier ought to reasonably offer protection
The risk is one against which the occupier ought to reasonably offer protection
S.1(3)(c)
S.1(1)(a)
A duty applies towards trespassers for injury on the premises by reason of any danger due to the state of the premises or acts or omissions
A duty applies towards trespassers for injury on the premises by reason of any danger due to the state of the premises or acts or omissions
S.1(1)(a)
S.1(8)
Occupier can only be liable for personal injury, not property damage
Occupier can only be liable for personal injury, not property damage
S.1(8)
Take such care as is reasonable in the circumstances to see that the trespasser is not injured
S.1(4)
S.1(4)
Take such care as is reasonable in the circumstances to see that the trespasser is not injured
Tomlinson 2003
Occupiers do not have to spend large amounts of money in making premises safe from obvious dangers
Occupiers do not have to spend large amounts of money in making premises safe from obvious dangers
Tomlinson 2003
What section lists what the occupier must do to owe a duty of care?
S.1(3)
Donoghue v Folkestone Properties
Time of day and year when the incident happened can be relevant for deciding whether there was a duty of care
Time of day and year when the incident happened can be relevant for deciding whether there was a duty of care
Donoghue v Folkestone Properties
No obligation to warn against obvious dangers
Baldaccino
Baldaccino
No obligation to warn against obvious dangers
