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? 0) 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: 0) 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.