Paper 2.8b - OLA 1984 & eval

Question 1

Under OLA 1984, what may a successful claimant claim for?

Answer 1

Personal injury.
NOT damage to property.

Question 2

What is the definition of an occupier and what case defines this?

Answer 2

Someone who is in control or possession of the premises.
Wheat
D rents out pub rooms; C falls down the stairs of the pub. House of Lords decided that manager and employees were occupiers. There can be multiple occupiers.

Question 3

What is the definition of premises and what act / case defines it?

Answer 3

Occupier’s Liability Act 1957 s1(3)(a)- ‘fixed or moveable structure.’
Tomlinson (2004) - including lakes.

!do not include OLA 1957 in 84 AO1.

Question 4

What is a trespasser?

Answer 4

A person who has no permission to be on a property or goes beyond their permission on the property.

Question 5

Under OLA 1984, an occupier owes a duty of care to trespassers. Describe this duty of care, and state the section and case that applies to it.

Answer 5

s1(1)(a): injury on the premises by reason of any danger due to the state of the premises.
In other words, occupiers are only responsible for injuries caused by the state of their premises. (Coventry)

Question 6

Under OLA 1984, there are three conditions which are required for an occupier to owe a duty of care. State these conditions and the section of the act that applies to them.

Answer 6

s1(3)
(a): Occ. is aware of the danger / has grounds to believe a danger exists. (Rhind)
(b): Occ. knows / has grounds to believe people come into the danger’s vicinity. (Higgs)
(c): The risk is one that they are expected to offer protection. (Tomlinson)
(D.R V.H.P.T)

Question 7

Under OLA 1984, the occupier may not need to protect against dangers that are what? What section of the Act does this come from? What case?

Answer 7

s1(4): Occupier must take such care as reasonable in the circumstances.
In other words, occupiers do not need to protect against obvious dangers.
(Ratcliff)

Question 8

How are child trespassers treated under OLA 1984? What is the case example of this?

Answer 8

Child trespassers are treated the same as adults.
Coventry
C climbed and fell off a fire escape door. Occupiers were not liable as the state of the premises had nothing to do with C’s injury.

Question 9

What are the four categories of defences for OLA claims?

Answer 9

Consent, s1(6) OLA 1984.
Warning signs, s1(5) OLA 1984.
Exclusion clauses (except for death and serious injury).
Contributory negligence.

Question 10

Name three evaluation points for OLA 1984.

Answer 10

Should trespassers have any rights?
In practice, most trespassers aren’t awarded damages; useless law.
Children and adults are treated the same; unfair?