Occupiers liability 1984

Question 1

What does the occupiers liability act 1984 cover?

Answer 1

Governs an occupiers duty to non-lawful visitors or trespassers.

Question 2

What is a trespasser?

Answer 2

A tresspasser is someone who enters land or premises without permission. Their presence must be unknown to the occupier or if known, is objected to.

Question 3

What is the scope of the duty owed?

Answer 3

• Only compensate for person injury.

- Damage to any property is not covered.

Question 4

What does section 1 (3) state?

Answer 4

A) Must be aware of the danger or have grounds to believe it exists.
B) Must have reasonable grounds to believe that someone may come into the vicinity of the danger.
C) The risk is one which in the circumstances they may reasonably be expected to offer the other some protection.

Question 5

What is the rule with adult trespassers?

Answer 5

• Not liable if the trespasser is injured by obvious risk. (Ratcliffe V McConnell)
• Time of day and year is relevant when looking at whether a duty of care is owed.
  (Donohughe V Folkstone properties)
• Only have to be practical when providing some care (cheap).
  (Tomlison V Congleton council)
• Occupier is not liable if they have no reason to suspect a trespasser.
  (Higgs V Foster)

-Not liable if they are not aware of the danger.
(Rhind V Alysbury park)

Question 6

What is the rule with child trespassers?

Answer 6

The same rule applies with adult trespassers as to child trespassers.
They are owed no special duty.
(Keown V Coventry Healthcare)

Question 7

What factors will the courts take into account when establishing liability?

Answer 7

• Nature of the premises.
• The degree of danger.
• Practicality of precautions.
• Age of the trespasser.

Question 8

What are the two possible defences to occupiers liability?

Answer 8

• Contributing negligence- partial defence

- Volenti non fit (consent)- full defence