Occupiers Liability - 1984 Act Flashcards
What type of Visitor does the 1984 Act apply to?
Trespassers
Which sections states that occupiers have no duty for property?
s.1(8)
Which section sets out when a duty will exist?
s.1(3)
What are the 3 criteria for a duty set out in s.1(3)?
Occupier is aware of the danger
They know a trespasser is in the vicinity of the danger
High enough risk for occupier to offer a duty of care
Which section sets out standard of care?
s.1(4)
What is the standard of care as set out in s.1(4)?
The duty is to take such care as is reasonable in all circumstances of the case so that the other does not suffer injury on the premises by reason of the danger concerned.
Which section relates to warning signs, and how does a warning sign affect the duty?
s.1(5), A warning sign may completely discharge the duty
Which section relates to Volenti non fit injuria?
s.1(6)
What is Volenti non fit injuria?
No duty should be owed as the claimant willingly accepted the risks
What other defence may be used?
Contributory Negligence
Which case states that a duty is even owed to trespassers with criminal intent?
Revill v Newbury
In which case did the HoL overrule Addie v Dumbreck to make occupiers liable for injuries to child trespassers?
Herrington v BRB - Child injured by live wire on railway as D did not repair the fence
Which case shows a warning sign satisfying the duty of care?
Ratcliff v McConnell - Dived into pool out of hours despite sign warning against it
Which case shows that D will not be liable if C makes the premises dangerous through their actions?
Tomlinson v Congleton - C dived into a lake, the premises were not inherently dangerous, what C chose to do in them was.
