Occupiers Liability Act 1984- Trespassers

Define the term 'Trespasser'

1)Someone who enters without and invitation;AND

2) Someone whose presence is either

-Unknown by the occupier; OR

-Their presence is known but objected to by the occupier in a practical way

-It is a strict liability tort

What factors states that D could may also become a trespasser if he exceeds the limits or restrictions on his permission to enter the land and state the relevant cases

1) Limit to area (Pearson v Coleman Bros)

2) Limit to time

3) Limit to purpose (Tomlinson v Congleton BC)

When is the duty under OLA 1984 owed?Which two factors show this? Apply any relevant cases.

1) The claim must arise out of the dangerous state of the premises rather than the dangerous activities of the claimant himself (Keown v Coventry NHS Trust), (Tomlinson v Congleton Borough Council)

2) An occupier owes a duty in respect of a danger on his premises if:

- He is aware of the danger or has reasonable grounds to believe it exists

- He knows or has reasonable grounds to believe that someone else is in the vicinity of the danger

- The danger is one in which, in all the circumstances, he may reasonably be expected to offer some protection against

If C can't prove these to be satisfied then the claim fails. Furthermore, both must be satisfied to show a duty of care is owed

Define duty under OLA 1984

Under s1(4), the duty owed by an occupier to a trespasser is to take such care as is reasonable in all the circumstances to see that the trespasser does not suffer injury on the premises because of the danger

Name the eight factors which could allow the duty of D to be discharged

1) Likelihood of trespass

2) Seriousness of injury risked

3) Cost and practicality of precautions

4) Likely age of any trespasser

5) Visibility and attractiveness of any trespasser

6) Relative obviousness of the danger

7) Common sense

8) Occupier shouldn't have to guard against an irresponsible minority

State the cases which link to discharging the duty

Platt v Liverpool City Council

What does Tomlinson v Congleton Borough Council state

That D can discharge their duty by taking reasonable steps in all the circumstances to give warning oF the danger concerned or to discourage persons from incurring the risk under s1(5) OLA 1984

State the two defences in OLA 1984

1) Contributory negligence

2) Consent- s1(6) (Ratcliff v McConnell)

Give the remedies a claimant can claim for

Under s1(8) C can't claim for property damage only death and personal injury