OLA 84

• 1. Define a trespasser as those that go onto premises without permission
• 2. C must have a lrgaul interest in the land. C can sue the occupier
• 3. The injury must occur due to the state of the premises and not by the dangerous activites of the claiment
• 4. Define the duty owed
• 5. S.1 (3) OLA 84 lays out the legal test

  • Is the occupier aware of the danger or have reasonable grounds to believe it exists?
  • Does the occupier know or have reasonable grounds to believe that the trespasser is in vicinity of danger
  • Is the risk one that could be guarded against
• 6. Did D breach their DOC
• 7. Did the breach cause damage
• 8. Defences
• 9. Remedies
• S.4 OLA 84 states that the general duty is to take reasonable care to ensure the trespasser does not suffer injury due to danger
• S.1 (5) OLA 84 


  The occupier may discharge his duty by putting up warning signs
• Volenti under S.1 (6) OLA 84


  a trespasser would need sufficent knowledge of danger to consent to the risk involved
• S.1(8) OLA 84


  C can claim for personal injury and death but not property damage