Occupiers Liability Act 1984 Flashcards
(15 cards)
What does S.1(1)(a) of the Occupier’s Liability Act 1984 state?
A duty applies in respect of people, other than lawful visitors, for injury on the premises due to any danger from the state of the premises.
What can a claimant claim for under the Occupier’s Liability Act 1984?
The claimant can only claim for personal injury.
What is included in the definition of ‘premises’ under S.1(3) 1957?
Occupation or control of any fixed or moveable structure, including any vessel, vehicle, or aircraft.
Wheeler - a ladder can be considered premises.
What must the danger come from according to the Ogwo case?
The danger must come from the state of the premises.
What is the key issue regarding ‘occupier’ under S.1(2) 1957?
The key issue is control; an occupier is anyone in actual control of the land.
What defines a ‘trespasser’ under S.1(1)(a) 1984?
A trespasser is someone who does not have permission or has exceeded their permission.
What is an example of a trespasser?
Entering a building at a time of day you shouldn’t be there.
Example: Entering somewhere you shouldn’t be, such as a storeroom of a shop.
What are the three conditions for the occupier to owe a duty of care under S.1(3) 1984?
- Aware of the danger or believes it exists.
- Knows or has reasonable grounds to believe that the other is in the vicinity of danger.
- The risk is one against which the occupier is expected to offer protection.
What was established in the Rhind case regarding occupier liability?
The occupier was not liable as they didn’t know of the dangerous object.
What does S.1(4) 1984 state about the duty of care?
The defendant must take such care as is reasonable in all circumstances to prevent injury to the trespasser.
What does the Tomlinson case state about keeping trespassers safe?
The occupier only needs to keep the premises reasonably safe; they do not need to keep the trespasser completely safe.
What applies to child trespassers according to the Keown case?
The same statutory rules apply to child visitors as adult visitors.
What does S.1(5) 1984 state about occupier liability?
The occupier will not be liable if they have taken such steps as are reasonable in the circumstances.
What are some defenses and remedies available under the Occupier’s Liability Act?
Contributory negligence, volenti, and warning signs can be used as defenses.
Damages can be claimed for personal injury only.
What does the Westwood case illustrate about warning signs?
Warning signs are likely to only work with adults and not children; the occupier was not liable as the signs were sufficient for adults.
