OLA 84 Flashcards
Definition of trespasser
Someone who goes on land without any sort of permission and whose presence is unknown to O or, if known, is objected to
Who does OLA 84 concern?
trespassers
Briefly, what does S.1(1)(a) cover?
Compensation for personal injury only
Briefly, what does S.1(3)(a) cover?
Being aware of the danger
Briefly, what does S.1(3)(b) cover?
Someone is near the danger
Briefly, what does S.1(3)(c) cover?
O needs to offer protection
Briefly, what does S.1(4) cover?
Standard of care
S.1(1)(a)
Compensation will be awarded for “injury on the premises by reason of any danger due to the state of the premises or things done/omitted to be done to them”, but not for damage to property
S.1(3)(a)
He/she is aware of the danger or has reasonable grounds to believe it exists
S.1(3)(b)
He/she knows or has reasonable grounds to believe the trespasser is in the vicinity of the danger concerned or that he/she may come into the vicinity of the danger
S.1(3)(c)
The risk is one against which
in all circumstances
he/she may be expected to offer the trespasser some protection
S.1(4)
Take such care as is reasonable
in the circumstances
to see that the trespasser is not injured
by reason of the danger
How does a lawful visitor become a trespasser?
By exceeding permission
Under what sections do occupiers only owe a duty of care?
S.1(3)(a), S.1(3)(b), S.1(3)(c)
Is the standard of care subjective or objective?
Objective
Name the three defences for OLA 84
.Contributory negligence
.Consent (Volenti non fit injuria)
.Warnings
How does contributory negligence work as a defence?
Reduces the damages payable to C by such proportions as the judge deems appropriate to reflect C’s responsibility for their injuries
How does consent (volenti non fit injuria) work as a defence?
Applies if a trespasser appreciates the nature and degree of the risk, more than just it’s existence. They have somewhat consented to voluntary injury
Where is the defence of consent defined?
S.1(6)
How do warnings work as a defence?
A warning sign is an effective defence if it warns of the danger in clear terms for the adult visitor
How do warnings apply to children?
It depends on the age and understanding of the child as to whether they can interpret the sign or not
What case demonstrates warnings as a defence?
Westwood v Post office
Westwood v Post office
Facts: An employee was injured after entering a room labelled “only the authorised attendant is permitted to enter”. The door was unlocked
Ratio: The notice is sufficient warning for an adult
Area: Warnings
What case defines a trespasser?
Addie v Dumbreck
what case overruled Addie v Dumbrek?
Herrington v BRB
what is the ratio of Addie v Dumbreck?
No duty of care is owed to trespassers
what is the ratio of Herrington v BRB?
A duty of care is owed to trespassers
Does the occupier need to warn adult trespassers if the danger is obvious?
No
Which case says the occupier doesn’t need to warn adult trespassers if the danger is obvious?
Rattcliff v McConnell
What case says that the occupier must take into account the practicality of taking precautions?
Tomlinson v Congleton
What does Donoghue v Folkstone define?
That an occupier is entitled to expect a trespasser not to engage in particularly foolhardy pursuits or ones which the claimant’s expertise or training should make them aware of
