Occupiers Liability Act 1984

Question 1

Definition of OLA 1984

Answer 1

C can claim as a trespasser under OLA 1984.

A trespasser is someone who has no permission to be there or exceeds their permission to be on the premises (Revill v Newbury). A trespasser can only claim for personal injury, not property damage.

Under S.1(1), a duty is owed to trespassers for injuries caused by a danger due to the state of the premises.

Question 2

Stage 1 of OLA 1984

Answer 2

We must establish if the O owed a trespasser a duty of care.

Under S.1(3), an occupier owes a duty to a trespasser if the following three-part test is established (subjective):

• S.1(3)(a), the O is aware of the danger or has reasonable grounds to believe it exists.
• S.1(3)(b), the O knows or has reasonable grounds to believe that someone is in the vicinity of danger.
• S.1(3)(c), The risk is serious enough that the O may reasonably be expected to offer some protection against it.

Question 3

Stage 2 of OLA 1984

Answer 3

Stage 2 of OLA 1984 is breach.

Under S.1(4), the O must take reasonable care to see the trespasser does not suffer personal injury.
The premises themselves must be dangerous and not the activity the T chose to engage in

Question 4

Defence of OLA 1984

Answer 4

Warning Signs
- an O can discharge duty if they used an effective warning sign. The warning must be sufficient enough to ensure the V is reasonably safe.
Tomlinson v Congleton B.C states the emphasis is on making the trespasser aware of why they shouldn’t come onto the premises.

If the T is a child, they may not necessarily be expected to take notice of warning signs, so greater steps may need to be taken.

Question 5

Remedy of OLA 1984

Answer 5

A trespasser can claim only compensatory damages for personal injury not property damage.