OLA 84 Flashcards
S1(1)
Must relate to state of premises
Occupier owes a duty under s1(3) if points are met (3)
-occupier is aware of the danger
-have reason to believe the other person is in the vicinity of the danger
-may be reasonably expected to offer some form of protection
Swain V Natui Ram Puri
Occupier did not have reasonable grounds to believe claimant was in vicinity of danger, not liable
Tomlinson V Congleton
Entered as lawful visitor, then jumped into lake with warning signs, offered some protection in form of warnings so not liable
Scott V ABP
2 accidents, 4 years apart, first incident had no grounds to believe there was a danger so not liable, however did have grounds after first incident so when second one happened was liable
Platt V Liverpool CC
Offered multiple levels of protection, fences, warning signs, regularly checked, not liable
Ratcliff V McConnell
No need to warn of obvious dangers
Donoghue V Folkstone Properties
Where an adult deliberately risks injury, will be rare for occupiers to be expected to offer protection
Revill V Newberry
Will even protect tresspassers such as burglars, however defenses such as contributory negligence heavily impact this