OLA 1984 Flashcards
P1
Damage only for personal injury or death not property
P1 Ao1
S1.8 cannot claim for damage to property or goods only death or personal injury
Such as in rhind V astbury water park
P1 AO3
Fair is limits amount of successful claims
Reduce claim amount
Shows judges stance and level of protection offered to trespassers
Stops compensation culture
P2
Fair in regard to danger needed
P2 ao1
S1.3 - occupier must be aware of danger or have reasonable grounds it exists - Higgs V foster
1.3A - no need to check for hidden danger - rhind V water park
P2 ao3
Fair on oocuper as they cannot be liable if honestly unaware of danger
1.3a means don’t have to check which ensures there is no inconvenience to O
P3
Standard for adults and children
P3 ao1
Baldachino V west wittering
Children and adults are held the same
P3 ao3
Fair as does not have to make property unreasonably safe for a child of that age. No need to protect from allurment so free to do whatever to land
However could he argued children are more likely to trespass and will need that protection
P4
Can use Defences and common law
P4 Ao1
Tomlinson V congleton council - no need to spend lots to make safe
S1.5 warning notices - discourage taking risk - west woof V post office
Platt V Liverpool - not have to guard against irresponsible determined minority
P4 Ao1
Allowing defences further reduces occupier liabilty
Warning notices - allow for no duty
However must be sufficient for child’s age
Not have to guard against determined minority protect O as ensures that tressspasser is only able to claim if harmed by premises and is not be irresponsible
P5
Reform
Reforms
Introduce compulsory insurance
Cover remedies for injury or death
Could be included in house insurance however would increase cost and should claim be successful renewal price would increase.
No fault liabilty - C should be able to claim without having to prove O at fault. In place in Canada. However creat compensation culture and open flood gates
