Flashcards
Occupiers Liability Act 1984
Cards in this deck (14)
- 1Occupier’s Liability Act 1984Liability owed by occupiers in regards to unlawful visitors/trespassers
- 2What is an occupier?An occupier is anyone who is in control of a piece of land or a building.
- 3In what case was the definition of an occupier confirmed in?Wheat v Lacon
- 4What is a premise?The land or building that is occupied. Includes moving vehicles and grandstands.
- 5Where was this definition confirmed?Wheeler v Copas
- 6Addie v Dumbreck (1929)Held that there was no duty of care owed by occupiers to trespassers. Only duty was not to inflict harm wilfully.
- 7British Railways Board v Herrington (1972)The HOL departed from the previous precedent set out in Addie (1929) and held that a duty could be owed to trespassers. Led to the OLA 1984
- 8OLA 1984 s1(3)Occupier owes a statutory duty of care to a trespasser if:
1. He is aware of the danger or has reasonable grounds to believe it exists
2. He knows that the other is in the vicinity of the danger or knows someone might come into the vicinity
3. The risk is a risk that he can offer reasonable protection against - 9S1(4)If all steps are satisfied then the only duty is to ensure that the trespasser is not injured on the premises by the danger concerned
- 10Tomlinson v Congleton Borough Council (2003)Mr Tomlinson ignored warning signs warning against the danger of swimming in the lake, however, Tomlinson dived into the lake and broke his neck resulting in him being paralysed.
- 11What was the decision in Tomlinson?The council were liable but the damages were reduced by 2/3 under the Contributory Negligence Act (1945)
- 12S1(5) WarningsThe occupier must give reasonable steps to give warning of the danger.
- 13S1(5) Warnings to ChildrenA clearer warning must be given than a warning for adults
- 14What if the danger is obvious?In some cases, there may be no need for a warning at all as decided in Ratcliff v O’Conell
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- a level Law Flashcards on Occupiers Liability Act 1984, created by Ella Davies on 07/04/2023.
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- Ella Davies
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