5 - Occupiers liability 1984 Flashcards
Trespassers
persons on the occupiers land who have no permission or authority to be there
Occupiers liability act 1984
Imposes a duty in regard to people other than visitors, including trespassers or those who exceed their permission
S1(8)
death and personal injury are claimable, no duty owed to the property of trespassers
S1(3) states that an occupier owes a duty of care to a non visitor if -
1 - the occupier is aware of the danger or has reasonable grounds to believe that it exists
2 - occupier knows or had reasonable grounds to believe the other is in the vicinity of the danger or ma be
3 - the risk is one which, in all circumstances, the occupier may reasonably be expected to offer some protection
Revill v newberry 1996
C was a burglar and D shot him.
D was liable, but contributory negligence was taken into account
Donoghue v folkestone properties ltd 2003
D was injured diving into a harbour on boxing day, not reasonable to protect against this in the winter
Standard of care
s 1(4) states that the duty is to take such care as is reasonable in all circumstances of the vase to see that the other doesn’t suffer injury on the premises by reason of he danger concerned
What must be dangerous for a successful claim?
The property, not the activity engaged in by the C
Warnings and warning signs
under s1(5) the duty may be discharged by giving a warning or discouraging others from taking the risk
Volenti non fit injuria
s1(6) - duty of care does not impose obligation in respect to risks willingly accepted
Contributory negligence
damages may be reduced under the contributory negligence act 1945 when a visitor fails to take care for their own safety
Exclusion liability
MAY be possible as isn’t expressly forbidden under the act
Ratcliff v mcconel 1997
c was injured by diving into a pool at night
locks and warnings were sufficient
