occupiers liability 1984

Question 1

british railways board v herrington
FACTS

Answer 1

six year old boy was electrocuted and suffered severe burns when wandered onto railway lines. railway line was surrounded by fence of which had been pushed down and the gap had been used frequently. D was aware of the gap which had been present for several months but did nothing about it

Question 2

rhind v astbury water park
FACTS

Answer 2

a sign was clearly displayed saying ‘private property,, strictly no swimming’. c ignored it and jumped into the lake and hit some objects that were concealed injuring themselves

Question 3

rhind v astbury water park
LEGAL PRINCIPLE

Answer 3

no liability, d had no reason to know the objects where there

Question 4

higgs v foster
FACTS

Answer 4

c, a police office, climbed over a wall into ds yard whilst investigating a stolen trailer. whilst looking around his yard without a torch he fell down a pit. He suffered an injury and couldnt continue as a police officer

Question 5

higgs v foster
LEGAL PRINCIPLE

Answer 5

no evidence of trespassers in yard and c climbed over wall to enter - no grounds to believe trespassers might come into the vicinity of the pit

Question 6

tomlinson v congleton borough council
FACTS

Answer 6

c visited an old sandy quary that the council had opened to the public and created a lake with sandy banks. to prevent swimming : signs at entrance saying ‘dangerous water, no swimming’ and park rangers where employed to prevent it. however many people still swam in it, c dived in and broke his neck

Question 7

tomlinson v congleton borough council
LEGAL PRINCIPLE

Answer 7

d had done enough, not liable

Question 8

ratcliff v mcConnel
FACTS

Answer 8

c had been out drinking and climbed over a locked gate into a swimming pool - signs said that they where locked. signs also said at the shallow end and the other ‘deep end, shallow dive’. one dived into the shallow end and broke his neck and became paralysed

Question 9

ratcliff v mcConnel
LEGAL PRINCIPLE

Answer 9

not liable, reasonable danger

Question 10

donoghue v folkestone properties
FACTS

Answer 10

c was injured when trespassing on a slipway in a harbour and dived into the sea hitting a grid pile used for mooring boats - would’ve been visible at low tide. injury happened in winter around midnight

Question 11

donoghue v folkestone properties
LEGAL PRINCIPLE

Answer 11

didnt owe c a duty of care

Question 12

keown v coventry healthcare NHS trust
FACTS

Answer 12

an 11 year old child fell from a hospital fire escape which he had climbed up to show off to his friends

Question 13

keown v coventry healthcare NHS trust
LEGAL PRINCIPLE

Answer 13

didnt satisfy s1 ola 984
longmore lj: premisses that were not dangerous from the point of an adult can be dangerous for a child but it must be a question of fact and degree

Question 14

baldaccino v west wittering
FACTS

Answer 14

a 14yr old boy climbed a navigational beacon sited off a beach as the tide was ebbing. He dived off and suffered neck injuries. He as a lawful visitor on the beach but a trespasser on the beacon

Question 15

westwood v post office
FACTS

Answer 15

c employee of the post office was injured when he entered as a trespasser to an unlocked room which had a notice ‘only authorised attended permitted’ the door shoulve been locked

Question 16

westwood v post office
LEGAL PRINCIPLE

Answer 16

not liable: notice was sufficient