OLA 84

Question 1

An occupier

Answer 1

is the person in control of the premises Wheat v Lacon

Question 2

Trespasser

Answer 2

Trespasser includes those who enter or remain on premises without permission from the occupier or any legal entitlement

Question 3

Premises

Answer 3

Premises are widely defined – Wheeler v Copas

Question 4

Section 1(1)(a)

Answer 4

Covers ‘injuries suffered by reason of any danger due to the state of the premises’

Question 5

Section 1(4)

Answer 5

duty to take such care as is reasonable in all the circumstances of the case

Question 6

Section 1(3)

Answer 6

Section 1(3) says the duty under the Act is owed by an occupier if:
S1.3(a) He is aware of the danger or has reasonable grounds to believe that it exists- Rhind v Astbury Water Park
S1.3(b) He knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned- Donoghue v Folkestone
S1.3(c) The risk is one against which, in all the circumstances of the case, he may reasonably be expected to offer the other some protection- Tomlinson v Congleton

Question 7

Obvious risks

Answer 7

even in the absence of a warning, a trespasser who took a risk that should have been obvious to him cannot complain that the occupier did not take sufficient steps to discourage his own risk-taking - Tomlinson v Congleton, Donoghue v Folkestone

Question 8

How liability may be avoided

Answer 8

• That the premises were not in a dangerous state - Tomlinson v Congleton
• The defendant can show they were unaware of the danger - Donoghue v Folkestone
• A warning sign may be effective to discharge liability - Westwood v Post Office

Question 9

Defences and remedies

Answer 9

Defences: s1(6) volenti/consent, contributory negligence
Remedies: damages available for: s1(1) personal injury, s1(9) death BUT s1(8) no liability for damage to property