Occupiers' Liability 1984 Flashcards
What is defined in Section 1(1)?
A trespasser is anyone who does not have permission to be on the occupier’s premises or who has gone beyond their permission to be on the premises
What was held in Herrington v British Railways Board?
Trespassers are owed a duty when the occupier is aware of a danger and the likelihood of trespassers
What duty is held to trespassers?
A duty of ‘common humanity’
For what torts are compensation given under the 1984 statute?
For torts of personal injury
(reflects that trespassers are deserving of less compensation)
What happened in Addie v Dumbreck?
A child was killed when trespassing, the rule was applied harshly and no compensation could be claimed
What is stated in Section 1 (1) (a)?
The injuries have to be caused by the state of the premises
What was held in Ratcliffe v McConnell?
The occupier will not be liable when the defendant is injured by an obvious danger
What is stated in Section 1 (3) (a)?
The occupier has to be aware of the danger
What was held in Rhind v Astbury Waterpark?
The occupier was not aware of danger and was not liable
What is stated in Section 1 (3) (b)?
The occupier must be able to anticipate trespassers
What was established in Higgs v Foster?
The occupier will be liable if they have reason to suspect a trespasser
What is stated in Section 1 (3) (c)?
The occupier must take practical precaution against any danger.
What was established in Tomlinson v Congleton Borough Council?
The occupier must take precaution against any danger.
(This does not mean spending lots of money)
What is stated in Section 1 (4)?
The occupier needs to take reasonable care to ensure that the trespasser is not injured whilst on the property.
What does ‘danger’ refer to?
The part of land or an object that the trespasser may be injured on
What are the factors for the standard of care in the 1984 statute?
- Nature of premises
- Degree of danger
- Practicality of taking precautions
- Age of the trespasser
What was established in Donoghue v Folkestone Properties?
The time of day and year will be a factor in whether the defendant is liable or not
What are the statutory rights of children under the 1984 statute?
The same as adults
What was held in Keown v Coventry NHS?
The child created the danger and it was not the fault of the occupier
What are the defences for Occupiers’ Liability 1984?
- Volenti non fit injuria
- Contributory negligence
- Warning notices
How is volenti non fit injuria used as a defence?
- Defends S. 1 (6) of the Act
- Acts as a complete defence
What would the result of using contributory negligence be?
- Reduction of damages
How can warning notices be used as a defence?
Written or verbal
Can act as a complete defence
What is a factor in the effectiveness of warning notices for children?
The age of the child
What was held in Westwood v Post Office?
The warning notice was a sufficient warning for an adult, and the claimant was not liable
