Occupiers' Liability: Non-visitors Flashcards
What is owed to non-visitors?
Limited duty of care
Who are non-visitors?
- Trespassers
- Visitors who outstay permission to be on premises
- Visitors who entered a prohibited area
What does 1984 act state?
only award damages for death or personal injury on the premises occurring from danger due to state of the premises
S.1(3)(a)of OLA 1984
D aware of danger or has reasonable grounds to believe it exists
S.1(3)(b)of OLA 84
D know or had reasonable grounds to know the trespasser is in the vicinity of danger or may come it it
S.1(3)(c) of OLA ‘84
risk of harm results from danger is one which in all circumstances they’re reasonable expected to offer some protection
What does S.1(4) of OLA 1984 refer to?
breach if not taken reasonable care in all circumstances to see that the trespasser is not harmed by reason of the danger on the premises.
What is the causation in relation to non-visitors? + case
D’s breach must have caused the reasonably foreseeable death or injury of the trespasser. Must be caused by state of premise not careless act by C: SIDDORN v PATEL.
Explain the defence of contributory negligence + Act
Partial defence
Under LAW REFORM ACT 1945 the amount of damages awarded can be reduced according to the extent of which C contributed to their own harm.
4 requirements for defence of warning signs + case
can be oral or written, must warn of specific danger
warning doesn’t need to enable the trespasser to be safe on the premise.
Warning may not be sufficient depending on the age and understanding of the child.
no need for warning of obvious danger: RATCLIFF v MCCONNELL
Explain the defence of Volenti + case
Complete defence
S.1(6) of OLA 1984 allows this defence provided the trespasser willingly accepts the risk of injury
Explain the warnings defence + section and act
-Complete defence under S.1(5) of OLA 1984 if occupier took reasonable steps in all the circumstances to warn of the danger.
