OLA 1984 Flashcards
Define occupiers liability
S1(1)(a) - damage arising from the state of the premises or things done or omitted to be done on them
what is an occupier
someone in control of the premises - Wheat v Lacon
what is a premises
S1(2) - includes land, buildings and any fixed or moveable structure
what is the duty owed to unlawful visitors?
s1(3) duty is to keep the unlawful visitors free from injury
Duty is to take such care as is reasonable in all the circumstances to see that the trespasser does not suffer injury on the premises because of the danger - addie v dumbreck
when will the duty arise
s1(3)(a) D was aware of the danger or reasonably expects it exists
s.1(3)(b) D knows or has reasonable grounds to believe the trespasser is in or may come into the vicinity - Donoghue v Folkestone
s.1(3)(c) The risk is one the occupier is reasonably expected to provide protection from - Tomlinson v Congleton BC
how may an occupier avoid liability
S1(5) - a warning sign may be effective to discharge liability - Westwood v post office
That the premises were not in a dangerous state - Tomlinson v Congleton BC
The defendant can show they were unaware of the danger - Donoghue v Folkestone Properties
What are the defences available under the OLA 1984
s1(6) volenti/consent, contributory negligence
what are the remedies available
damages available for:
s1(1) personal injury,
s1(9) death
s1(8) no liability for damage to property
Foreseeable harm
an occupier is liable for foreseeable harm even if the precise circumstances in which the harm occurs are not foreseeable - Jolley v London Borough of sutton
when will an occupier not be liable
ratcliff v McConnell - O will not be liable where C is injured by an obvious danger
Higgs v Foster – O will not be liable if he had no reason to suspect the presence of a trespasser
what is the rule in relation to child trespassers
Keown v Coventry Healthcare NHS Trust – the duty owed to child trespassers is the same as that owed to adults
Eval points
The OLA 1984 offers less protection than the OLA 1957
Liability depends on when the accident occurs – Donoghue v Folkstone
Trespassers are rarely successful – public opinion impact
Child trespassers are treated the same as adults
Prior to the OLA 1984 duty was based on common humanity
Liability is only for the state of the premises
Only covers personal injury
