OLA 1984

Question 1

s1(3)a

Answer 1

he is aware of the danger or has reasonable grounds to believe that the danger exists. Rhind V Astbury Water Park

Question 2

s1(3)b

Answer 2

he knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or may come into the vicinity. Higgs V Foster.

Question 3

s1(3)c

Answer 3

the risk is one against which in all circumstances of the case, he may reasonably be expected to offer some protection. foreseeablilty of tresspasser. (Tomlinson V Congleton Borough Council)

Question 4

the Claimant must show …

Answer 4

. the claim arises out of the dangerous state of premises. Tomlinson V Congleton BC
or
. the defendant was aware of the danger. Donoghue V Folkestone Properties

Question 5

s1(5)

Answer 5

a warning sign may be effective to discharge liability. Westwood V Post office

Question 6

Defences

Answer 6

s1(6) volenti/consent
. contributory negligence

Question 7

Ratcliff v McConnell - closed swimming pool case

Answer 7

Occupier will not be liable where the claimant is injured by an obvious danger

Question 8

Keowny v Coventry Healthcare NHS Trust - broken fire exit case

Answer 8

The duty of care is the same for both adults and children when dealing with trespassers.

Question 9

s1 (8)

Answer 9

The claimant can claim for death and personal injury but cannot claim for loss of property.

Question 10

Jolly V sutton

Answer 10

an occupier is liable for foreseeable harm even if the precise damage or the precise circumstances in which it occurs are not foreseeable.

Question 11

Trespasser

Answer 11

A trespasser is someone with implied or express permission to enter a premises has exceeded this permission

Question 12

Platt V Liverpool

Answer 12

common sense by court e.g likeleyhood of tresspasser, seriousness of injury, age of trespasser