OLA 1984

• A trespasser is :

  • A person who has no permission or authority to be on the occupiers premises.

  OR

  • A lawful visitor who has gone beyond their permission to be on the premises.
• S1(1) of the OLA 1984 states :

  An occupier owes a duty of care to people other than lawful visitors.
• S1(3) of the OLA 1984 states :

  There will be a duty of care to a trespasser if -

  1. Aware of the danger or has reasonable grounds to believe that the danger exists.
  2. He knows or has reasonable grounds to believe that the other is in the vicinity of the danger.
  3. He may be expected to offer some protection.
• Tomlinson :

  1. The occupier is not liable if where the trespasser has taken an obvious risk that has resulted in injury.
  2. Occupier is not expected to spend a lot of money to prevent against risks.
• When considering if the trespasser has taken an obvious risk the courts will consider the degree of danger and age of the trespasser.
• The occupier will not be liable for injuries that occurred at certain times of the day or year.
• The occupier will not be liable if they were not aware of the danger or had no reason to think that the danger existed.
• Defence - Warning signs :

  A warning sign can be a full defence, HOWEVER, the warning sign must be enough to keep the visitor reasonably safe.

  FULL DEFENCE
• Defence - Contributory Negligence :

  Compensatory damages can be reduced to reflect the level that the claimant contributed to the injury or damage.
• Defence - Volenti :

  The adult trespasser will accept any risk they knew about when entering the land.
• Remedies =

  Personal Injury Only