ola 84 part 2 Flashcards
what legislation governs liability for trespassers on premises
occupiers liability 1984 -
covers liability to non lawful visitors
how is a tresspasser defined under common law
someone who enters land without premisson and who’s presence is unknown or objected to by the occupier
Addie v dumbreck
can a lawful visitor become a tresspasser
- yes if they go beyond their premissions of ola 57
whats the basis of occupiers duty under ola 84
a duty of common humanity
established in Herrington
refined from Addie v dumbreck)
when does a duty arise under s.13 of ola 84
a. D is aware or should be of the danger
b. d knows or should know that C is in the vicinity of the danger
c. the risk is one they should protect against
what cut his under s.1(4)
- take reasonable care to prevent injury due to the danger
is the same duty owed to adults and children trespassers
yes, same duty for all trespassers
what case shows occupier isn’t liable if they’re not away of the danger
- Rhind v Asbury water park - no duty as danger was unknown
what case considered the practicality of precautions
tomlinson v congleton bc
- no liability , where taking precautions wasn’t practical nor reasonable
must an occupier warn of obvious danger
no, Ratliff v McConnell
confirmed no duty to inform about obvious risk
can occupier assume that tresspasser won’t act recklessly
yh
donoghue v folkstone
occupier can expect ppl not the be reckless esp if trained
what does s.1(5) say about warnings
warning can limit duty if it effectively alerts tresspasser to the danger
westwood v post office
what defences can an occupier use under ola 84
warning signs s1(5)
contributory negligence
volenti non fit injuria (consent) s16
what remedies are available to trespassers under ola 84
only compensation for pi
property damange isn’t recoverable s18
