ola 1984

• ola 1957


  provides that an occupier of the premises owes a duty of care to lawful visitors
• ola 1984


  which covers persons other than visitors (trespassers)
• if c can prove their claim they are entitled to compensation for the injuries or damage suffered
• covers personal injury only
• scope of the duty


  s1(1)(a) duty applies in respect of people other than lawful visitors for "injury on the premises by reason of any danger due to the state of the premises or things done or omitted to be done on them"
• Addie v Dumbreck


  traditional common law - occupier didn't owe trespasser a duty of care other than not to deliberately or recklessly inflict injury
• HoL made use of Practice Statement 1966 - able to change the law and introduced a duty of 'common humanity' owed by occupiers
• common humanity 


  established by HoL - was a limited duty when the occupier knew the likelihood and danger of the trespass
• Law commission investigated area of law in 1975 report on occupiers liability for damage or injury to trespassers - 1984 act passed by parliament as a result