Occupiers Liability 1984

Question 1

Define a trespesser

Answer 1

anyone who hasn’t got express or implied permission to be on a premises.

Question 2

When does an occupier owe a duty of care to a trespasser

Answer 2

When the trespasser suffers an injury on the premises by reason of any danger due to the state of the premises.

Question 3

When is no duty owed to trespassers

Answer 3

If the premises is safe

Question 4

What does Section 1(3) define

Answer 4

that the occupier will owe a duty of care if:
1) he is aware or has reasonable grounds to believe the danger exists
2) aware / reasonable grounds to believe that there might be someone in the vicinity of the danger
3) if the risk is such that he may be reasonably expected to offer some protection.

Question 5

When may the tests not be used but a duty owed

Answer 5

When an incident happens, the occupier must be aware of future trespassers

Question 6

What does Section 1(4) state

Answer 6

That the duty of the occupier is to take reasonable care to see that the trespasser is not injured by the dangerous premises.

Question 7

Under Section 1(4) What factors are taken into account

Answer 7

Age of trespasser
Cost of precautions
Size of risk
Gravity of injury
Nature of trespass
Foreseeability of entry

Question 8

What does Section 1(5) State

Answer 8

an occupier may discharge a duty by providing reasonable warnings or taking steps to discourage it, if the danger is so obvious that it does not need a warning then there will be no liability

Question 9

What defences apply

Answer 9

Contributory negligence and Consent

Question 10

What can trespassers claim for

Answer 10

Personal injury or death, they cannot claim for damage to property.