1984 | Trespassers

• Who is the occupier under OLA 1984?


  Same as OLA 1957 - Person who has control over the premises - (Wheat v E Lacon and Co Ltd)
• What are premises under OLA 1984? (s1(3)(a) OLA 1957)

  s1(3)(a) OLA 1957 - No statutory definition given but does include examples - fixed or moveable structure, e.g houses, offices, buildings, land but also; a ship in a dry dock, vehicle, lifts and ladders.

  The danger must be due to the premises.
• Who are trespassers?

  Anyone other than a lawful visitor, this includes where someone had permission but exceeded that permission.
• When does an occupier owe a duty of care to a trespasser? (s1(3)(a-c)

  • s1(3)(a) - Occupier must be aware of the danger or have reasonable grounds to believe that it exists - (Rhind v Astbury Water Park)
  • s1(3)(b) - Occupier has reasonable grounds to believe someone will be in the vicinity or may come into the vicinity of danger - (Higgs v Foster)
  • s1(3)(c) - Risk is one that the occupier reasonably be expected to offer some protection from
• What is the duty of care owed to trespassers? (s1(4))

  s1(4) - To take such care as is reasonable in the circumstances so that the trespasser does not suffer injury.
• Explain the duty of care

  • Objective test taking into consideration; nature and degree of risk, precautions taken / practicality of taking precautions, age of trespasser.
  • Need to consider whether is was an obvious danger and time of day / year - (Donoghue v Folkestone Properties)
  • D does not need to spend lots of money if obvious danger
  • Not liable if D had no reason to suspect trespasser or unaware of the danger
  • Same rules for child trespassers as for adults - (Keown v Coventry Healthcare NHS Trust)
  • No liability for obvious dangers - (Ratcliff v McConnell)
• What are the defences under OLA 1984?

  • Warning signs
  • Consent
  • Contributory negligence
• Explain warning signs (s1(5))

  Can discharge duty if it warns of the danger - but the warning must be sufficient for a child trespasser to understand - (Tomlinson v Congleton Borough Council)
• Explain volenti non fit injuria (consent)

  If the trespasser appreciates the nature and degree of the risk - consent is a complete defence - (Westwood v Post Office)
• What is the remedy for OLA 1984? (s1(8))

  s1(8) - Damages for personal injury only - no claim for damage to property