Mind map
Occupier's Liability - OLA 1987
Map content
Occupier's Liability - OLA 1987
Non-Visitors - OLA 1984
- OLA 1984 ss1 + 2
- Compensation Act 2006 s1
- BRB v Herrington [1972] AC 877
- C, aged 6, was badly burned when he was trespassing on D’s land. The child obtained access to the land through a gap in a fence, which was used as a short cut by members of the public. D knew that in the past children have been there, but took no action.
- Trespasser was owed duty of 'ordinary humanity' (limited) -> Departed from ordinary common law practise
- Trespassers owed common duty of humanity – seems to be higher than old CL duty but lower than ordinary duty of negligence
- Uncertainty of what ‘ordinary humanity’ meant led to Law Commission recommending legislation = OLA 1984
- Trespassers owed common duty of humanity – seems to be higher than old CL duty but lower than ordinary duty of negligence
- Trespasser was owed duty of 'ordinary humanity' (limited) -> Departed from ordinary common law practise
- C, aged 6, was badly burned when he was trespassing on D’s land. The child obtained access to the land through a gap in a fence, which was used as a short cut by members of the public. D knew that in the past children have been there, but took no action.
- Revill v Newberry [1996] 1 All ER 291, esp 297-98 - CA
- D, aged 82, was subjected to regular burglaries to his shed. He started sleeping with a gun next to him in the shed to protect it. One night C tried to break into the shed. The noise woke up D who fired his gun through the shed door injuring C.
- D was ordered to pay C £4,000 under the tort of negligence. OLA 1984 did not apply
- Applies to occupancy issues only, not activity
- Danger was not due to the state of the premises
- D was ordered to pay C £4,000 under the tort of negligence. OLA 1984 did not apply
- D, aged 82, was subjected to regular burglaries to his shed. He started sleeping with a gun next to him in the shed to protect it. One night C tried to break into the shed. The noise woke up D who fired his gun through the shed door injuring C.
- Tomlinson v Congleton Borough Council [2003] 3 WLR 705
- C visited D’s country park, which contained an artificial lake. Swimming in the lake was prohibited by notices. C dived into the shallow water and hit his head on the sandy bottom, breaking his neck. He sued under OLA 1984.
- Dismissing the claim (HL) - C held to be trespasser - knew swimming was prhibited, diving into water exceed terms of park
- Establishes that there is no liability for obvious risks/dangers - autonomy of competent adult and defence of occupier's having to take over-protective measures
- no danger due to the state of the premises: (i) it was an ordinary stretch of open water; (ii) there were no hidden dangers; (iii) D did not do or permit anything to be done which created a danger.
- where the occupier has clear knowledge concerning the use made of their premises which imperils trespassers, knowledge may lead to imposition of liability, provided that straightforward remedial measures could have been taken
- Overturned by HL where the obviousness of a danger doesn’t grant C protection
- where the occupier has clear knowledge concerning the use made of their premises which imperils trespassers, knowledge may lead to imposition of liability, provided that straightforward remedial measures could have been taken
- no danger due to the state of the premises: (i) it was an ordinary stretch of open water; (ii) there were no hidden dangers; (iii) D did not do or permit anything to be done which created a danger.
- Establishes that there is no liability for obvious risks/dangers - autonomy of competent adult and defence of occupier's having to take over-protective measures
- Dismissing the claim (HL) - C held to be trespasser - knew swimming was prhibited, diving into water exceed terms of park
- C visited D’s country park, which contained an artificial lake. Swimming in the lake was prohibited by notices. C dived into the shallow water and hit his head on the sandy bottom, breaking his neck. He sued under OLA 1984.
- Keown v Coventry Healthcare NHS Trust [2006] EWCA Civ 39
- C, aged 11, was injured when he fell while climbing the outside of a fire escape on the D’s hospital grounds.
- Fire escape was not faulty. C should have appreciated the risk. The injury was the result of what C chose to do
- Whether a child of that age can appreciate the risk is a question of fact and degree.
- Fire escape was not faulty. C should have appreciated the risk. The injury was the result of what C chose to do
- C, aged 11, was injured when he fell while climbing the outside of a fire escape on the D’s hospital grounds.
- OLA 1984 ss1 + 2
Non-Occupiers Liability
Information
- Description
- Mind Map on Occupier's Liability - OLA 1987, created by Martha Abdelmassih on 18/01/2020.
- Created by
- Martha Abdelmassih
- Views
- 1
- Rating