Cards (3)

  • What is the Occupiers Liability Act 1984:
    It was passed in order to protect "trespassers" in respect of dangers due to the state of the premises or things done or omitted to be done on the premises.

    Trespassers can only claim personal injury.
  • How to prove:
    1. Establish occupier
    2. Occupier owes D.O.C.
    3. Occupier breaches D.O.C. - reasonable steps
    4. Causation - 'but-for'
    5. Direct link between Breach and C's injury
  • How to establish if the Occupier owes a D.O.C:
    1. Occupier knows of danger
    2. Occupier has reasonable grounds to believe other is in the vicinity/may come in to the vicinity.
    3. The risk is one that the trespasser should be protected against.