Ola 84 Flashcards
Occupiers liability act 1984 applies to…?
Tresspassers who are injured due to dangers arising from the state of the premises
What is a state of the Premises
Physical condition of the property e9 broken stairs.
What is a premises
S1 (3) (a) Ola 1957 says a premises is any fixed or moveable structure this can include a ladder (wheeler v copas )
Who is an occupier
A person or entity who has control over the premises as seen in wheat V lacon which snows us their can be more than one occupier
Who is a trespasser
Anyone with a lack of permission or exceeding permission as seen In the calgrath
What case shows a claim that arises from a state of premises or things done or omitted
BuKKect V Staffordshire cc
What does(s1 (3) say about duty of care for this act?
It says their is no automatic duty of care their are requirements that need to be met for their to be a duty of care
What are the requirement for there to be a duty of care under S1(3)
1) awareness of danger
2)knowledge of trespassers vicinity
3) reasonable expectation of protection
What is the case for awareness of the danger
one of the requirements under s1 (3)
Rhind v astubury water park ( the water park was not aware of the danger so no out of care was owed)
What case goes with knowledge that a tresspasser is on the vicinity cone of the requirements under S1(3) for duty of care
Donohuque V folkstone properties ( In this case no duty of care was owed as it wasn’t expected for mr donoghue to be on the property due to the conditions )
What case goes with reasonable expectations of protection requirements under S1(3) for duty of care
Tomlinson V congleton bc and ratcliff v McConnell ( these cases both state that if the danger is obvious there is no expectation for protection )
If there is a duty owed what do we look at to see whether the occupier has met standard and has taken reasonable care
- Nature of the premises – How risky is the property?
- Degree of danger – How serious and visible is the danger?
- Existing protection – Has the occupier put up warnings or barriers?
- Practicality of precautions – Are extra safety measures reasonable and possible?
- Foolhardy actions – Did the trespasser act recklessly?
- Presence of trespassers – Did the occupier know people might enter?
- Age of trespasser – Is the trespasser old enough to understand the risk?
What does S 1’ (5) say about warnings (add case)
Occupier can discharge their duty if they’ve taken reasonable steps to warn tresspasser about the danger ( as seen un westwood v post Office )
Warnings when it comes to kids
.more detailed warning may be n neededfor Young children
Claimants contribution
If claimants action add to their injury Compensation may be reduced .( sayers v Harlow) toilet roll lady
