Occupiers liability 1984 Flashcards
under what section number does the occupier owe a duty to trespassers
S.1(1)(a) - unlawful visitors for personal injury only
What reasons would an occupier owe a duty to a trespasser
1.aware or has reasonable grounds to believe danger exists
2.knows or has reasonable grounds to believe there is trespassers in the vicinity
3. The danger is one the occupier is reasonably expected to provide some protection against
What is the DOC for adult trespassers + section number
S.1(4) - take such care as is reasonable in the circumstances to see that the trespasser is not injured by the danger
what factors would you consider to see if the occupier is liable?
obvious danger?
expect anyone at that time of day or year?
we’re warning signs ignored?
reason to suspect presence of a trespasser?
aware of the danger?
is the occupier liable if the trespasser is injured by an obvious danger + case?
NO
Ratcliff v mcConell - occupier not required to warn them
is the occupier liable if they did not expect anyone at that time to day or year? + case
NO
Donoghue v folkestone properties
will the occupier be liable if warning signs are ignored? + case
NO
Tomlinson v congleton borough council
will the occupier be liable if they had no reason to suspect presence of a trespasser + case
NO
Higgs v foster
is the occupier liable if they were not aware of the danger or had no reason to believe the danger existed + case
NO
Rhind v Astbury water park - didn’t know danger was there
do the same rules apply to children as they do to adults? + case
YES
Keown v coventry healthcare NHS trust - boy was aware of danger and no issue with premises so not liable
defences to 84
contributory neg
consent
warning
