occupiers liability act 1984

Cards (17)

  • 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