OLA tresspassers new Flashcards
(5 cards)
1
Q
Occupiers liability- trespassers intro
A
- The C may be able to claim for occupier’s liability under the Occupiers liability act 1984
- A trespasser is someone who has no permission to be there or exceeds their permission to be on the premises (Revill vs Newbury). A trespasser can only claim for personal injury, not property damage
- Under section 1(1) a duty is owed to trespassers for injuries caused by a danger due to the state of the premises.
-apply
2
Q
Occupiers liability- trespassers- stage 1
A
- Firstly, we must establish if the O owed the trespasser a DOC
- Section 1(3), and occupier owes a duty to trespassers if: (Subjective test):
1-S1(3)(A)The occupier is aware of the danger or has reasonable grounds to believe that it exists.
2- S1(3)(B)The occupier knows or has reasonable grounds to believe that someone is in the vicinity of danger.
3-S1(3)(C) The risk is serious enough that the occupier may reasonably be expected to offer some protection against it.
3
Q
Occupiers liability- trespassers stage 2
A
Breach- Under section 1(4)-the occupier must take reasonable care to see that the trespasser does not suffer personal injury. The premises must be dangerous and not the activity that the trespasser chose to engage in
4
Q
Occupiers liability- trespassers- how can the occupier discharge their duty?
A
- Warnings- section 1(5)- the occupier may discharge their duty by taking reasonable steps to give warning of the danger or to discourage people. (Tomlinson vs Congleton B.C)- The emphasis is on making the trespasser aware of why they shouldn’t come onto the premises.
- However, consider that child trespassers who may not necessarily be expected to take notice of warning signs, therefore greater steps need to be taken by the occupier.
5
Q
Occupier’s liability- trespasser- remedies
A
- A trespasser can claim only compensatory damages for personal injury and not for property damage
-Apply and concude
