OLA 84

Question 1

What is the definition of occupiers liability?

Answer 1

The claimants ONLY INJURY due to the state of the premises

Question 2

What is an occupier?

Answer 2

Someone with sufficient control of the premises (wheat)

Question 3

What is a premises?

Answer 3

Fixed or movable structure such as a ladder (wheeler v copas)

Question 4

What is section 1(1)a?

Answer 4

The defendant does not need to protect from obvious dangers, but it allows people who are not lawful visitors to claim for injuries due to the state of the premises as long as s1(3) is satisfied (ratcliff)

Question 5

What is 1(3)?

Answer 5

A= they are aware of the danger or have reason to believe it exists (rhind)
B= occupiers knows the other person is in vicinity of the danger (Higgs)
C= may be expected to protect other person from risk (Tomlinson)

Question 6

What is s1(4)?

Answer 6

Only take reasonable care to protect from injuries

Question 7

What is the rule with age of trespassers?

Answer 7

Judges will approach a child as the same as an adult (Coventry NHS)

Question 8

What is the rule with cost?

Answer 8

An occupier does not have to spend lots of money in making the premises safe from obvious dangers

Question 9

What are the defences?

Answer 9

Contributory negligence and the consumer rights act