OLA 1984 Flashcards
(16 cards)
What is the claimant trying to claim for under the Occupiers’ Liability Act 1984?
The C (name) may be able to claim for occupier’s liability under the Occupiers Liability Act 1984.
Who qualifies 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.
What can a trespasser claim for under OLA 1984?
A trespasser can only claim for personal injury, not property damage.
What does S.1(1) of OLA 1984 state?
Under S.1(1) a duty is owed to trespassers for injuries caused by a danger due to the state of the premises.
What section provides the test for whether an occupier owes a duty of care to a trespasser?
Under S.1(3), an occupier owes a duty to a trespasser if a three-part subjective test is established.
What does S.1(3)(a) require?
The occupier is aware of the danger or has reasonable grounds to believe that it exists.
What does S.1(3)(b) require?
The occupier knows or has reasonable grounds to believe that someone is in the vicinity of the danger.
What does S.1(3)(c) require?
The risk is serious enough that the occupier may reasonably be expected to offer some protection against it.
What should be considered when applying S.1(3)(c)?
Consider the cost and practicality to minimise the risk, whether the risk was so obvious they didn’t need to offer greater protection, and protections already offered such as warning signs.
What does S.1(4) require regarding breach of duty?
The occupier must take reasonable care to see that the trespasser does not suffer personal injury.
What must be dangerous for a breach under S.1(4)?
The premises themselves must be dangerous, not the activity the trespasser chose to engage in.
What does S.1(5) say about warning signs?
An occupier can discharge their duty if they have used an effective warning sign.
What must the warning sign do under S.1(5)?
The warning must be sufficient to enable the visitor to be reasonably safe, alert you of the danger, and allow the occupier to discharge their duty.
Tomlinson v Congleton B.C.
How does the law treat child trespassers with regard to warning signs?
If the trespasser is a child, they may not be expected to understand a warning sign, so greater steps may need to be taken by the occupier.
What can a trespasser claim under OLA 1984?
A trespasser can claim only compensatory damages for personal injury, not property damage.
When should you apply the remedy rule in a scenario?
Apply to the scenario if the D (the occupier) would have to compensate the trespasser for their losses.
