Liabilkty To Traspassers (OL) Flashcards
What can trespassers claim for?
As of the OLA 1984, those who are inured due to the state of D’s premises can claim for personal injury but not property s.1(8), as they are less deserving of protection (also less demanding standard of care)
E.g. Siddorn v Patel (2007) where C danced on roof, not fault of premises
When does duty arise for a trespasser?
The duty is not automatic, occupier only owes if as of s.1(3):
(a) occupier is aware of the danger or has reasonable grounds to believe it exists
(b) occupier has reasonable grounds to believe that the trespasser is in the vicinity of the danger or may come into the vicinity
(c) risk is one against which, in all the circumstances, occupier may reasonably be expect to offer some protection
What is an example of s.1(3)(a)
Rhind v Astbury (2004)
As occupier did not know of submerged fibreglass container at bottom of lake, no duty owed
What is an example of s.1(3)(b)
Higgs v Foster (2004)
Occupier had no reason to believe a police officer carrying out surveillance would come within vicinity of danger
Is time of day relevant to establishing a duty?
Yes, e.g. Donoghue v Folkestone Properties (2003), divided into harbour in middle of winter night, occupier would not expect a trespasser would jump into harbour at that time of night or year
What is an example is s.1(3)(c)
Tomlinson v Congleton BC (2003)
Would not be reasonable to protect against natural features of leak, claimant jumped in ignoring sign saying “dangerous water: no swimming”
How is the stand of care established for a trespasser?
As of s.1(4) :
Occupier is “to take such care as in all circumstances it is reasonable to see that the trespasser does not suffer injury on the premises by the reason of the danger concerned”
What should be considered when judging what is required by occupier?
The nature of the premises, the degree of the danger, the practicality of taking precautions, and age of trespasser
E.g. Tomlinson v Congleton (2003) does not have spend lots of money to keep safe from obvious danger
What if it is an obvious danger?
Raticliff v McConnell (1999) established occupier was not required to warn adult trespassers of obvious dangers, well know swimming pools vary in depth so should not dive in at night
Does approach alter when minor is involved?
Not significantly,
E.g. Koewn v Coventry NHS Trust (2006)
11 year old boy climbed fire escape and was injured when he fell. Occupier owed new duty as it was through his dangerous behaviour, rather than risk arising from state of fire escape
What are defenders for claims by a trespasser?
Warning notices
Contributory negligence
Consent (volenti)
How does warning notices act as a defence in OLA1984
Warning sign can be effective -s.1(5) says it has to make danger clear
E.g. Westwood v Post Office (1973) where they ignored sign
