OLA 1984 defences

Which Section lays out an occupier’s potential defences?

Section 1(5)

Clear warning signs (Westwood v Post Office)

The occupier has provided reasonable warning to the danger (eg warning signs, fencing etc)

How are warning signs objective?

The effectiveness of warning depends on the specific circumstances/nature of the danger (eg time of day/year)

‘Volenti Non Fit Injuria’ / consent

C willingly accepted the known risk of the premises (doesnt exclude death/GBH)

Often relevant when a trespasser enters a dangerous area despite clear warning signs

Lack of awareness/foreseeabilty

The occupier may argue that they were not aware of the danger or the risk of it

OR that the risk of danger wasn’t reasonably foreseeable

Contributory Negligence

(Contributory Negligence Act 1945)

If the trespasser was at fault of their injury on the premises, damages may be reduced to whatever the judge feels is appropriate to reflect C’s responsibilities

Emergency Situations

If the occupier had limited time to address the situation, they might argue for a partial defence