Occupier’s Liability to Tresspassers

Question 1

what is the definition of OL to trespassers?

Answer 1

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

-(Occupier’s Liability Act 1984)-for trespassers

Question 2

what is the first step for trespassers?

Answer 2

occupiers

if no one in control of the premises then injured visitor/trespasser can’t make claim

Question 3

what is the second step for trespassers?

Answer 3

premises

(S.1(2)) OLA-fixed or moveable structure

Question 4

what is the third step for trespassers?

Answer 4

danger due to state of premises

Question 5

what is the fourth step for trespassers?

Answer 5

trespasser

no legal permission to be there

Question 6

does d owe a duty of care?

Answer 6

-(S.1(3))-owes a duty of care if:

a) he is aware or has reasonable grounds to believe the danger exists
- (Rhind v Astbury Water Park)-occupier not liable if not aware of the danger or had no reason to suspect the danger existed

b) he knows or has reasonable grounds to believe the other is or may come into the vicinity of the danger
- (Higgs v Foster)-Occupier not liable if he had no reason to suspect the presence of a trespasser

c) in all circumstances he may be expected to offer some protection against the risk

Question 7

what is the sixth step for trespassers?

Answer 7

duty of care for trespassers

-(S.1(4)0 OLA-take such care as is reasonable in the circumstances to see that is not injured by reason of the danger

Question 8

what is the seventh step for breach of duty?

Answer 8

-failure to take reasonable care in the circumstances

• greater the degree of risk, the more precautions the occupier is expected to take-consider:
  1) the degree and obviousness of danger-(Ratcliff v McConnell)-occupier not liable if the trespasser is injured by an obvious danger
  2) the practicality of taking precautions-(Tomlinson v Congleton Borough Council)-Occupier does not need to spend lots of money making the premises safe from obvious danger
  3) age of trespasser
  4) seriousness of injury
  5) reason for trespass

-(S.1(5) OLA-d will meet duty if he takes reasonable steps in the circumstances to give warning of the danger or discourage people from taking the risk

Question 9

what is the eighth step for trespassers?

Answer 9

causation