Occupier Liability Act 1984

• What does the OLA 1984 cover?


  liability to trespassers
• Which case stated that a duty of care shuld be owed to trespassers?


  British Rail Board V Herrington
• what does s1(1)(a) of OLA 1984 say?


  a duty applies for 'any injury on the premises by reason of any danger due to the state of the premises'
• Occupier will owe a duty under s1(3) if:

  a)they are aware of the danger r have reasonable grounds to believe it exists.

  b)they know or have reasonable grounds to believe that the other is in the vicinity of the danger concerned or they may come into the vicinity.

  c)the risk is one which they may be expected to offer some protection.
• What is the duty under s1(4) of OLA 1984?


  'take care as is reasonable in the circumstances to see that he is not injured by reason of the danger.'
• What does the Donoghue V Folkestone case say?


  occupier doesn't have to warn adult trespasser against obvious risks if they enter at an unforeseeable time of day or year.
• What does the Ratcliff V McConnell case say?


  occupier doesn't have to war adult trespassers against the risk of injury of obvious dangers.
• What did the Baldaccino V West Wittering case say?

  No duty of care because the danger was obvious.
• The same statutory rules apply to child trespassers as adults however age may be a factor.
• what does s1(2) of OLA 1984 say?


  confirms that occupier and premises mean the same as they do in the OLA 1957 Act.