OLA 84

Question 1

S1(1)

Answer 1

Must relate to state of premises
- OLA 84 can sue for personal injury but now property.

• Tomlinson v Congleton - man entered a park as lawful visitor but then jumped in a lake with warning signs.

Question 2

What are the 3 points that have to be met if the occupier owes a duty under S1(3)?

Answer 2

1) “the occupier is aware of the danger and has reasonable grounds to believe it exists”

2) “they know or have reasonable grounds to believe that other person is in vicinity of the danger concerned, or that they might come into vicinity of the danger”

3) “the risk is one which in all circumstances of the case, the occupier is expected to offer protection of some form”

Question 3

1) - Swain v Natui Ram Puri

Answer 3

• 9yr old injured himself when he climbed on a roof and fell.
  -occupier did not have reasonable grounds to believe or knowledge of the child entering the vicinity so not liable.
• does not mean they ought to have been aware

Question 4

2) - Scott v ABP

Answer 4

• there were 2 separate incidents, 4 years apart, no duty of care owed for the first accident as they were unaware of the risk
• did owe a duty of care for the second accident as they were aware they could enter the vicinity.
• not liable as a fence was put up.

Question 5

3) - Platt v Liverpool CC

Answer 5

• boys playing in a derelict building, 1 was killed.
• buildings were secured regularly and checked.
• council had erected an 8 foot fence and planned to demolish it as soon as possible.
• council not held liable, they had done all that was reasonable in the circumstances.