Does the CRA 2015 apply to Trespassers under the OLA 1984?

Watch
futurelawyer455
Badges: 2
Rep:
?
#1
Report Thread starter 5 months ago
#1
I'm doing a problem question and I am a bit confused - I have established that one of the parties that entered the restaurant as a visitor has become a trespasser as she went into an area she was not permitted to be in (bar in a restaurant that was closed off for renovations), and in that room she slipped on grease and hurt herself, on the door to the bar was a warning (established as not sufficient as did not specify risk) that tried to exclude any liability for injuries if you entered the room, however, under the CRA S.65 a trader cannot exclude liability for personal injuries or death. I'm just confused as to whether this applies to trespassers also because she entered as a customer but then I assume her ignoring the sign and entering the room she became a trespasser? Any advice is welcome
0
reply
ROTL94
Badges: 20
Rep:
?
#2
Report 5 months ago
#2
The 1984 OLA was introduced to provide protection for trespassers, who were not lawful visitors and were therefore not owed a duty of care under the 1957 Act above.

The 1984 Act states that the occupier of premises may be found liable to a trespasser if it can be established that he did in fact owe the trespasser a duty of care.

Under section 1(3) this duty of care to a trespasser will arise if the occupier is:

aware of the danger or has reasonable grounds to believe that it exists
knows or has reasonable grounds to believe that the trespasser is in or may come into the vicinity of the danger: and
The risk is one against which, in all the circumstances of the case he may reasonably be expected to offer the other some protection.
Last edited by ROTL94; 5 months ago
0
reply
futurelawyer455
Badges: 2
Rep:
?
#3
Report Thread starter 5 months ago
#3
(Original post by ROTL94)
The 1984 OLA was introduced to provide protection for trespassers, who were not lawful visitors and were therefore not owed a duty of care under the 1957 Act above.

The 1984 Act states that the occupier of premises may be found liable to a trespasser if it can be established that he did in fact owe the trespasser a duty of care.

Under section 1(3) this duty of care to a trespasser will arise if the occupier is:

aware of the danger or has reasonable grounds to believe that it exists
knows or has reasonable grounds to believe that the trespasser is in or may come into the vicinity of the danger: and
The risk is one against which, in all the circumstances of the case he may reasonably be expected to offer the other some protection.
hi thanks for the reply

so does this mean that the CRA, in that her becoming a trespasser and hurting herself, would not apply to her meaning that the occupier could exclude liability as to its not being a consumer trader relationship? also, does the fact that the warning sign was not sufficient to exclude liability stop her from becoming a trespasser?
0
reply
ROTL94
Badges: 20
Rep:
?
#4
Report 5 months ago
#4
Section 2 of the OLA states that

“but liability of an occupier of premises for breach of an obligation or duty towards a person obtaining access to the premises for recreational or educational purposes, being liability for loss or damage suffered by reason of the dangerous state of the premises, is not a business liability of the occupier unless granting that person such access for the purposes concerned falls within the business purposes of the occupier”. as the bar was closed and there was a danger sign, and it was pretty clear there were ongoing building works this could apply, don't think they need to be over specific if the claimant is an adult, because if I were to enter an active construction site and I saw a danger sign I'd think 'Oh, I should watch out for things on the floor', also a voluntary assumption of risk could be argued here which I think is covered under Section 1 ss. 6 of the OLA
Last edited by ROTL94; 5 months ago
1
reply
ROTL94
Badges: 20
Rep:
?
#5
Report 5 months ago
#5
Sorry if this is not particularly helpful but hopefully what I've said if not wholly helpful will at least give you some ideas
0
reply
futurelawyer455
Badges: 2
Rep:
?
#6
Report Thread starter 5 months ago
#6
(Original post by ROTL94)
Sorry if this is not particularly helpful but hopefully what I've said if not wholly helpful will at least give you some ideas
no no, thank you so much, this was very helpful
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Current uni students - are you thinking of dropping out of university?

Yes, I'm seriously considering dropping out (147)
14.54%
I'm not sure (43)
4.25%
No, I'm going to stick it out for now (303)
29.97%
I have already dropped out (26)
2.57%
I'm not a current university student (492)
48.66%

Watched Threads

View All