yy

Question 1

What does s.1(1)(a) of OLA 1984 state?

Answer 1

It states that any duty owed by an occupier to persons other than lawful visitors is to keep them safe from the risk of suffering injury.

Question 2

Who must C be to claim under OLA 1984?

Answer 2

C must be a trespasser, meaning they do not have the occupier’s permission or legal right to be on the premises.

Question 3

What type of claim can be made under OLA 1984?

Answer 3

Claims can only be made for personal injury, not for property damage.

Question 4

What constitutes a premises under OLA 1984?

Answer 4

A premises is any fixed or moveable structure, including any vessel, vehicle, or aircraft.

Question 5

What are the conditions under s.1(3) for an occupier’s duty?

Answer 5

An occupier owes a duty if: (a) they are aware of danger, (b) they have reasonable grounds to believe people are in the vicinity of danger.

Question 6

What is expected of an occupier regarding risks?

Answer 6

An occupier is expected to protect against risks as a reasonable man would, as established in Tomlinson v Congleton.

Question 7

Do the same laws apply to children under OLA 1984?

Answer 7

Yes, the same laws for a higher duty apply to children, as seen in Keown v Coventry Healthcare NHS.

Question 8

What does s.1(4) require of an occupier?

Answer 8

An occupier must take reasonable care to ensure that trespassers aren’t injured due to danger; failure to act reasonably results in a breach of duty.