Tort Law - OLA 1984

Question 1

who does this act cover and what can they claim for?

Answer 1

trespassers - they can claim for personal injury

Question 2

what is a trespasser?

Answer 2

someone who is on someone else’s premises without permission

Question 3

what case example can be used for ‘trespasser’?

Answer 3

Herrington - 6 year old boy was electrocuted and severely burned after trespassing on a railway line. Occupier owed a common duty of care to trespasser so was liable.

Question 4

what does S1(1) of OLA 1984 state?

Answer 4

there must be a danger due to the state of the premises, meaning if there’s a danger that you create yourself you cannot claim.

Question 5

what case example can be used for S1(1)?

Answer 5

Keown - 11 year old climbed up external fire escape at a hospital. He fell and was severely injured. Hospital not liable as danger was created by the claimant.

Question 6

what is the first part of the test?

Answer 6

Was the occupier aware of the danger?

Question 7

what does does ‘aware of the danger’ mean?

Answer 7

the occupier needs to either be aware of the danger or have reasonable grounds to suspect their is a danger

Question 8

what case example can be used for ‘part 1: aware of the danger’?

Answer 8

Rhind - C injured jumping in a lake. Occupier not liable as warning signs to not swim were sufficient.

Question 9

what is part 2 of the test?

Answer 9

Did the occupier know/should they know that a trespasser might enter the premises?

Question 10

what does ‘know a trespasser might enter’ mean?

Answer 10

the occupier needs to be aware trespassers might come into the area e.g signs

Question 11

what case example can be used for ‘know the trespasser might enter’?

Answer 11

Higgs - Police officer entered D’s premises at night to observe a suspect. C fell into an open pit. No claim because no reason to expect this level of intrusion for this reason.

Question 12

what is part 3 of the test?

Answer 12

the risk involved means the occupier is expected to offer some protection

Question 13

what does ‘some protection’ mean?

Answer 13

the occupier must offer enough protection but is not expected to go above and beyond.
if they have warned of the danger the occupier can discharge their duty.
the duty is to take reasonable care to prevent injury, no matter the cost.

Question 14

what case examples can be used for ‘some protection’?

Answer 14

Tomlinson - C dived into a fenced off lake with warning signs and broke his neck. C was a trespasser when he entered lake so no claim under either OLA.

Westwood - Employee of a post office fell through defective trapdoor in a room with a no entry sign. No claim.

Question 15

what defences are available?

Answer 15

consent - C consented to the negligence
contributory negligence - C contributed to the harm that’s been caused.

Question 16

what are some positive evaluation points on OLA 1984?

Answer 16

✅ contributory negligence is fair as people who bring it on themselves should share blame
✅ trespassers can only claim for personal injury
✅ occupiers only have to protect a bit, not loads (would be expensive)
✅ trespassers cant create danger then blame occupier
✅ improves overall premises
✅ follows PS

Question 17

what are some negative evaluation points for OLA 1984?

Answer 17

❌ common duty of care to trespassers could feel unfair
❌ civil courts are expensive and take ages
❌ should trespassers be able to claim for anything?
❌ rigid tests about what the occupier knows/assumed to know are confusing