Occupiers Liability Act 1984 Flashcards
1) Intro
C may claim against D under OLA 1984 for their injuries. This covers unlawful visitors.
2) Wheat, Calgarth, Wheeler
An occupier is someone who has sufficient control over the premises (Wheat).
A trespasser is someone who doesn’t have permission or has exceeded their permission to be on the premises (Calgarth).
Premises is any fixed or movable structure other than land (Wheeler).
3) Keown s.1(1)
C’s injuries must be due to the state of the premises s.1(1). In Keown, the injuries were not due to the state of the premises as there was nothing wrong with it, instead due to the risky activities of C.
4) s.1(3a) - Rhind
s. 1(3b) - Swain
s. 1(3c) - Tomlinson
Under s.1(3a) the occupier must be aware of the danger or have reasonable grounds to believe it exists (Rhind).
Under s.1(3b) the occupier must know or have reasonable grounds to believe the other is in the vicinity of the danger (Swain).
Under s.1(3c) the risk is one against which the occupier will be expected to offer the other some protection (Tomlinson).
- purpose of entry
- age and capabilities of trespasser
- financial resources of occupier
- nature of premises and what precautions were practical.
5) Duty under s.1(4)
The duty under s.1(4) is to take such care as is reasonable in all the circumstances of the case to see that he doesn’t suffer injury on the premises by reason of the danger concerned.
6) Breach
The occupier is expected to meet the standard of a reasonable occupier.
Apply risk factors.
7) Warnings under s.1(5)
Occupier can discharge their duty if warning given.
8) Tomlinson
Ratcliff
C’s damages can be reduced if they contributed to their injuries (Tomlinson).
C fully understood nature of risk and accepted it (Ratcliff).
9) Remedy under s.1(8)
C’s remedy is damages. The occupier is liable for damage including death and personal injury but not damage to property (s.1(8)).
