Occupier Liability for unlawful visitors Flashcards
The act for unlawful visitors
Occupiers Liability Act 1984
No compensation because of a trespasser
Addie v Dumbreck
HOL established a duty of common humanity- occupier knew of danger and likelihood of trespass
British Rail Board v Herrington
Occupier is not liable if adult trespasser injured by an obvious danger
Ratcliffe v McConnell
Time of day and year is relevant
Donoghue v Folkestone Properties
Occupier does not have to spend a lot of money making premises safe to obvious danger
Tomlinson v Congleton Borough Council
Occupier not liable if they had no reason to suspect presence of trespasser
Higgs v Foster
Occupier not liable if he was not aware of danger or had no danger to suspect danger existed
Rhind v Astbury Water Park
Not premises fault but the childs fault
Keown v Conventry Healthcare NHS trust
No duty on part of occupier to warm against obvious danger (children)
Baldaccino v West Wittering
Warning as a defence
Westwood v Post Office