occupiers liability act 1984

• Steps for occupiers liability

  1. Occupier

  2. Premises

  3. Trespasser
• Harris v Birkenheat Corporation


  Occupier has effective control
• Wheat v E Lacon


  There can be more than one occupier
• Bailey v Armed


  Occupier may not always be liable
• S.1(3) of OLA 1957

  Premises refers to 'any fixed or moveable structure
• Revill v Newbury


  Premises must be dangerous
• S.1(1)(a) of OLA 1984


  1984 act applies to everyone who is unprotected under 1957 act
• S.1(3)(a) of OLA 1984

  Occupier has a duty if they are aware of the danger
• S.1(3)(b) of OLA 1984

  Must be reasonable to suspect that people may come near the danger
• S.1(3)(c) of OLA 1984

  Must be expected that protection would be in place
• S.1(4) of OLA 1984

  Occupier must take 'such care as is reasonable in the circumstances
• Ratcliffe v McConnel


  Occupier isn't liable for obvious dangers
• Donoghue v Folkstone Properties


  Time of incident can mean occupier isn't liable
• Tomlinson v Congleton Borough Council


  Occupier does not have to spend lots of money in making premises safe from obvious dangers
• Higgs v Foster


  Occupier isn't liable when trespasser isn't expected
• Rhind v Astbury Water Park


  Occupier must know of danger
• Keown v Coventry Healthcare NHS Trust


  Child trespassers are treated the same as adults