ola 84 Flashcards
tresspasser
2acts governing occupiers liability
ola 57 - lawful visitors
ola 84 - tresspassers
tresspasser defined under common law
someone who goes on land w/o permission and whose presence is unknown / injected to
Addie v dumbreck
how can a lawful visitor become a tresspasser
exceeding permission under ola 57
duty owed under ola 84
A duty of common humanity to prevent injury due to dangers from the state of the premises or things done or omitted to be done.
under what conditions does an occupier owe a duty to trespassers?
(a) The occupier is aware of the danger.
(b) The occupier knows or has reasonable grounds to believe the trespasser is in the vicinity of the danger.
(c) The risk is one the occupier is expected to protect against.
whats the duty standard under Section 1(4) OLA 1984?
To take reasonable steps to prevent injury to trespassers “by reason of the danger concerned.”
what factors affect the stand of care for trespassers
natures of premises- (Rhind v Astbury water park)
practicality of precautions - Tomlinson v congleton bc
does an occupier have to warn adult tresspasser of obvious dangers
no
Ratcliff v mcconell
what does s11 s13 and s14 of 84 say about state regarding trespassers
trespassers can claim damages for pi that happened while trespassing
limited by concept of obvious danger,= occupiers not liable for injuries from obv risk - Ratliff v McConnell
limitation on trespassers claims under 84
only claim for pi not property damage
-fairness = reduces burden occupiers
types of test applied to determine a duty of care under 84
subjective test -
- occupiers only liable if they
- aware of the danger
2 . have reasonable grounds to believe a trespasser is in the vicinity of the danger
how does subjective test effect consistency and fairness
- could lead to uncertainty , as liability depends of factors e.g time of year and expectation of trespassers
- ensures fairness, = each case decided based on its factors
how doe s84 handle reasonableness of protecting trespassers
