ola 1984

• covers personal injury only
• occupier not defiened in the act - common law shall apply
• can be more than one occupier - wheat v lacon
• can find no one in control - bailey v armes
• premesis s1(2) fixed or moveable structure
• trespasser - a person who has no permission or authority to be on occupiers premesis or has gone beyond permission
• duty of care s1(3) must prove three things
• three things - aware of danger - has reasonable ground to believe trespasser is near - should be expected to offer protection
• s1(4) duty is for occupiers to take reasonable care
• not liable if danger is obvious - ratcliff v mcconnell
• time of day will impact - donoghue v folkstone
• doesn't have to spend money making it safe - tomlinson v congleton borough council
• o not liable if no reason to suspect other - higgs v foster
• not liable if no reason to suspect danger - rhind v water park
• occupier not liable for child tresspasser if no danger from premesis - keown v coventry nhs
• duty for children - same as adults
• consent - smith - s1(6)
• contributory neg - sayers
• warnings - s1(5) - westwood v post office