OLA 1984 Flashcards
(13 cards)
What duty does OLA 1984 regulate?
Regulates duty owed to non-visitors/ trespassers
What is the definition of a trespasser?
“Someone who goes onto land without an invitation, and whose presence is either unknown to the occupier or if known is objected to”, per Lord Dunedin – Addie v Dumbreck (1929)
What are the three conditions required for a trespasser to be owed a duty of care by the occupier
- occupier’s awareness of danger
- knowledge of trespasser’s presence/ likely presence
- risk is one which the occupier should reasonably protect the trespasser from
What happened in White v St Albans City Council (1990)
Mr.White sustained serious injuries when he attempted to take a shortcut across a fenced-off area after falling into a trench.
Held: The claim was dismissed. The court found the Council had no reason to expect people would enter the area, so no duty of care arose.
What happened in British Railway Board v Herrington (1972)
A six-year-old boy suffered severe injuries after accessing an electrified railway line through a damaged fence. The British Railways Board knew the fence was broken and that children frequently trespassed but took no action to prevent access.
Held: The House of Lords held the BRB liable, establishing the “duty of common humanity”—a limited duty owed even to trespassers when occupiers are aware of a danger and the likelihood of intrusion.
Principle: This landmark case marked a shift from strict rules on trespassers, recognising that occupiers may owe a duty of care in certain circumstances, even to unlawful entrants.
What is the “duty of common humanity”
a limited duty owed even to trespassers when occupiers are aware of a danger and the likelihood of intrusion.
In which case was the “duty of common humanity” established?
British Railway Board v Herrington (1972)
What are four key factors the court will consider in particular?
Factors the court WILL consider:
a. age of trespasser
b. nature of premises (allurement?)
c. extent of risk
d. practicality of taking precautions
Warning notices s1(5) OLA 1984
A warning may discharge the duty if reasonable in the circumstances, but the bar is lower (compared to visitors in ola 1957), since it applies to trespassers. Court will consider how precise warning was, how obvious the danger is, and other safety measures that are already in place.
Can occupiers exclude liability to trespassers?
Unclear!
Not mentioned in the law… But…
Because the law only gives trespassers a very basic level of protection, courts may not allow occupiers to exclude even that minimal duty, since it could effectively allow occupiers to ignore obvious dangers entirely.
Which OLA covers the Rights of Way Act 2000?
OLA 1984
What does the Rights of Way Act 2000 state?
right to roam over “mountain, moor , heath or down”
Which duty of care is owed to people exercising the Rights of Way Act 2000 under OLA 1984?
Occupiers generally owe very little duty of care at all, except not to deliberately or recklessly cause harm.
