OLA 1984

• Premises Occupier


  Same as 1957
• People not covered by s1(1)(a)

  • All non-visitors
  • People using highway 51(7)
  • People using other rights of way a 1(a)
• Duty of care to non-visitors

  • Occupiers only owes a duty
  • If they are aware of the danger (or has reasonable grounds to believe it exists)
  • If they know (or may be) a non-visitor is in the vicinity of danger
  • If the risk is one in all the circumstances, the occupier may be reasonably expected to protect against (s1 (3))
• Danger is attributable to C


  Tomlinson Cangelton (2003)
• If hazard is due to activity

  O is still (possibly) liable
• Cases for s1 (3)

  • Ovu v London Underground (2021): not attributable to State of the premises
  • Swain v Natui Rom Puri (1996)
  • White St Albans (1990)
  • Tomlinson v Congelton (2003): not one against which he was entitled under S1(3)(c)
  • Keown v Coventry Health care (2006)
• s(4) duty


  To take care as is reasonable so he does not sugfer injury on premises
• s1(5) duty


  May be discharged by taking such steps as are reasonable to give warning or discourage
• Defence acceptance of risk by non-visitor

  s1(6) No duty owed for willingly accepted risks by the visitor
• Contributory Negligence


  • Revill Newbury (1996)