OLA for tresspassers

Question 1

definition of OLA trespassers

Answer 1

OLA 1984 – for Trespassers
Injury on the premises by reason of any danger due to the state of the premises or things done or omitted to be done on them

Question 2

steps of OLA T

Answer 2

1. occupiers
2. premises
3. danger due to the state of the premises
4. tresspasser?
5. does D owe a duty of care?
6. duty of care for tresspassers
7. breach of duty
8. causation

Question 3

1st step

case and definition

Answer 3

• the person that is in control of the premises.

WHEAT V LACON
can be more than one occupier of the premises

Question 4

2nd step

case and def

Answer 4

S.1(2) OLA 1984

as a fixed or moveable structure

Question 5

3rd step

what to do

Answer 5

• identify danger - look at facts

- due to premises or c’s foolishness?

Question 6

4th step

case and def

Answer 6

OLA 1957

someone who has no legal permission to be there - not a lawful visitor

Question 7

5th step

case and def

Answer 7

S.1(3) OLA 1984 occupier owes a duty if:

• he has reasonable grounds to believe the danger exists
  RHIND V ASTBURY WATER PARK - occupier not liable if not aware of danger or no reason to suspect danger would exist
• he knows or has reasonable grounds to believe the other is or may come into the vicinity of the danger
  HIGGS V FOSTER - occupier not liable if he had no reason to suspect the presence of a trespasser
• In all circumstances, he may be expected to offer some protection against the risk

Question 8

6th step

case and def

Answer 8

S.1(4) OLA 1984

take such care as is reasonable in the circumstances to see that is not injured by reason of the danger

Question 9

7th step
def and cases

Answer 9

• failure t take reasonable care in the circumstances
• the greater degree of risk, more precautions the occupier is expected to take. consider:
• degree and obviousness of danger
  RATCLIFF V MCCONNELL - o not liable if the trespasser is injured by an obvious danger.
• practicality of taking precautions
  TOMILSON V CONGELETION BOROUGH COUNCIL - o does not need to spend lots of money making the premises safe from obvious dangers
• age of tresspasser
  seriousness of injury
  reason for tresspass

S.1(5) OLA 1984
D will meet duty if he takes reasonable steps in the circumstances to give warning of the danger or discourage people from taking the risk

Question 10

8th step

Answer 10

factual causation -
BARNETT V CHELSEA AND KENSINGTON HOSPITAL MANAGEMENT COMMITTEE
but for test

reasonable forseeability -
THE WAGON MOUND
foreseeable consequence of his breach

type of damage
BRADFORD V ROBINSON RENTALS
if injury is foreseeable even if particular way it happened is not.

take V as you find him
SMITH V LEECH BRAIN
eggshell rule