Occupiers' liability Act 1984

1. If a person comes into a premise unauthorized, would the occupiers be liable towards the

trespasser?

Give a background on how and why the OLA 1984 came about. OLA deals with people

who are not visitors.

Cases to assist in the above: Addle v Dumbrek; British Railway Board v Herrington

Who are trespassers?

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Invitees who exceeds their permission

Persons on land exercising a public right of way; McGeown v Northern

Ireland

Do occuplers owe a duty to trespassers?

Person on land exercising a private right of way; Holden v White

2. The duty of Care under OLA 1984

Cases: Revill v Newberry, Tomlinson V Congleton Borough Council; Keown v Coventry

Healthcare NHS Trust

5.1(2)(a) & (b) OLA 1984; Occupler; visitor

5.1[3) are the 3 criteria for a duty of care awed to the trespasser:

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4. Defenses

S.113)|al-The occupler must be aware of the danger or have reasonable

grounds to believe it exists, Rhind v Astbury Water Park Ltd

5.1/3)(b)-The occupler must expect the trespasser to come into the

vicinity'; Ratcliffe v McConnell

3. The duty of care towards children

6. Remedies

5.1(3)(c)-The risk is one against which in all circumstances it is

reasonable to offer the other person some protection.

Do occuplers have a higher duty of care to children?

Do they have to prevent allurement?

Warnings: 5.1(5) OLA 1984; Westwood v Post Office

Assumption of Risk; 5.1(0); Sylvester v Chapman; Titchener v British Railways Board

No exclusion clauses, why?

5.1(8) OLA 1984; For death and personal Injuries only

Occuplers have no duty of care in relation to damage to the property of non-visitors.