Occupier’s Liability Act 1984 AO1

What does OLA 1984 deal with?

Non-lawful visitors (trespassers)

Definition of a trespasser?

Someone who doesn’t have permission (or goes beyond their permission) to be on the premises

What is an ‘occupier’ (Wheat)?

Someone in possession & control of the premises

Definition of ‘premises’ (Tomlinson)?

Fixed or moveable structure

(Tomlinson said lakes are included)

What can C claim for (Patel)?

Damages for personal injury ✅

Damages to property ❌

What is Section 1(1)(a)?

A duty is owed to trespassers for injury on the premises by reason of any danger due to the state of the premises

(Coventry NHS Trust)

Coventry NHS Trust: when is D not liable? (S1(1)(a))

If the premises weren’t dangerous

What is Section 1(3)?

Lays out the 3 requirements for the occupier to be liable

Section 1(3)(a): the occupier will be liable if…

They’re aware of the danger/have reasonable grounds to believe it exists (Rhind)

Section 1(3)(b): the occupier will be liable if…

They known or have reasonable grounds to believe that a people come into the vicinity of the danger (Higgs)

Section 1(3)(c): the occupier will be liable if…

They are reasonably expected to offer some protection (Tomlinson)

• standard of care

• Factors to take into account the nature of the premises (lakes etc)

How are children affected?

They are compared to an adult and treated in the same way

Obvious Dangers?

There is no need to warn against obvious dangers (subjecive)

What did Folkestone Properties say about timing?

The timing of the year/day is relevant

What is Section 1(5)?

Defences- D isn’t liable if measures were met

What does ‘Volenti Fit Injuria’ mean? (S1(5))

‘Willing acceptance of risk’- C has essentially consented to the risk

(does not exclude death/GBH)

What is mitigation of loss?

C must take reasonable steps to minimise their loss after being injured on the premises- they cannot receive damages if their acts weren’t reasonable (eg seeking medical treatment)