OLA 84: Establishing Liability

Question 1

What are the 3 requirements to establish a DOC for trespassers (+statute)

Answer 1

S.1(3)…
A) aware of the danger/has reasonable grounds to believe it.
(b): He knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or that he may come into the vicinity of the danger (in either case, whether the other has lawful authority for being in that vicinity or not).
(c): The risk is one against which, in all the circumstances of the case, he may reasonably be expected to offer the other some protection.

Question 2

what is not applicable to the DOC to trespassers?

Answer 2

Obvious risks

Question 3

what would make s.1(3)(C) easier to satisfy?

Answer 3

if it were a child (law has not been that easy on child trespassers though.

Question 4

what does s.1(4) state

Answer 4

The duty is not to ensure that the premises are ‘fit for trespassers to trespass in’ (Herrington v British Railways Board [1972] AC 877), and D does not need to check his property for hidden dangers.

Question 5

What about the quadrant of factors?

Answer 5

only a need to provide protection. If it was low cost and not implemented there may be breach.

Question 6

what escape hatch applies

Answer 6

conveyed warning signs

Question 7

cases outlining the first requirement for DOC?

Answer 7

Scott v Associate British Ports
Rhind v Astbury Water Park

Question 8

cases outlining the second requirement for DOC?

Answer 8

maloney v torfaen

Question 9

Cases showing the consideration for the quadrant of factors?

Answer 9

Young v Kent
Keown v Coventry NHS trust

Question 10

cases showing escape hatch

Answer 10

Ratcliffe v McConnell

Question 11

what remedies are avaliable?

Answer 11

only recovery for death/personal injury - property damage is not recoverable.