Occupier’s Liability Template - Trespassers

Question 1

Occupier’s Liability is governed by 2 statutes
(Name the two statutes)

Answer 1

Occupier’s liability Act 1957 for lawful visitors and Occupier’s liability act 1984 for trespassers

Question 2

Occupier is not defined in statutes and can be found in common law. It is the same for both statutes

Answer 2

APPLY: who is the occupier?

Question 3

Premises

Answer 3

Any land and any buildings on the land
S1(3)(a) OLA 57 includes any fixed or moveable structure sheds, bridge, scaffolding, veichle or aircraft.
This is the same for OLA 1984
APPLY: what is the premises?

Question 4

Lawful visitor

Answer 4

A lawful visitor is one who has express or implied permission to be there, those with contractual permission and those given a statutory right of entry.
If a lawful visitor extends the permission given to them then they can become a trespasser
Child won’t be a trespasser if investigating something both dangerous and attractive, Jolley v London Borough of Sutton and the occupier knows the allurment
APPLY: is the claimant a lawful visitor?

Question 5

Duty to trespassers (covered in the occupiers liability act 1984)

Answer 5

By S1(1) (a) a duty applies in respect of people other than lawful visitors for injury on the premises by reason of any danger due to the state of the premises or things done or omitted to be done on them.
Claim must arise out of the dangerous state of the premises not the claimant’s dangerous activities.
If the premises are safe but the accident is caused by the claimants unwise actions then there is no duty under OLA 84 Keown v Coventry NHS Trust
APPLY: how is the premises unsafe

Question 6

Duty of care in respect of danger

Answer 6

Under S1(3) Occupier owes a duty of care in respect of danger on his premises if the claimant can prove that:
1. He is aware of the danger or has reasonable grounds to believe it exists
2. He knows or has reasonable grounds to believe that someone else is in the vicinity of danger or might come into the vicinity of danger, Donoghue v Folkestone Properties
3. The danger is one which in all the circumstances he may be reasonably expected to offer some protection against, Scott & Swainger v Associated British Ports
APPLY: state which applies

Question 7

Breach of duty

Answer 7

s1(4) OLA 84 states that the standard of care owed by an occupier to a trespasser is to take such care as is reasonable in all the circumstances to see that the trespasser does not suffer injury on the premises because of the danger
{choose from below which applies}
The occupier doesn’t have to warn adult trespassers against risk of injury against obvious dangers, Ratcliff v McConnell
Occupier doesn’t have to spend a lot of money making the property safe from obvious risks, Tomlinson v Congleton Borough Council
Occupier will not owe a duty to trespassers he doesn’t expect to enter the premises, Higgs v Foster
Occupier does not owe a duty for danger he is unaware of, Rhind v Astbury Water Park
APPLY: has the occupier breached their duty?

Question 8

Damage

Answer 8

What has the victim suffered?
Under OLA 84 you can only claim for personal injury
APPLY: has the injury come from the occupier’s breach of duty?

Question 9

Defences

Answer 9

As with OLA 57 occupier’s may discharge duty by warning signs or discouragement s1(5) OLA 1984, Tomlinson v Congleton Borough Council

Question 10

Remedies

Answer 10

Successful claimants can claim damages for death or personal injury
S1(8) OLA 1984 cannot claim for loss to property