Occupiers Liability Act 1984 Flashcards
What case is used as an example of trespassers?
British Railways Board v Herrington
British Railways Board v Herrington
A child of 6 was injured when he strayed onto the railway line from a public park. He accessed the line through a broken fence and drivers had previously reported trespassers on the line. The Board was liable for the child’s injuries since it knew of the possibility of trespassers and the risk could have been avoided.
What case is an example of a occupier is liable if the danger arises from the premises?
Keown v Coventry Healthcare NHS Trust
Keown v Coventry Healthcare NHS Trust
The claimant a 13 year old child was injured when playing in the grounds owned by the Trust. He fell from the underside of a fire escape. It was held the Trust was not liable. The danger arose from what the claimant chose to do, not the state of the premises.
What cases is an example of performing the duty?
Ratcliff v McConnell and Harper Adams Agricultural College
Ratcliff v McConnell and Harper Adams Agricultural College
A student was injured when one evening he climbed over a seven-foot wall and dived into the college pool. He broke his neck and was paralysed. Warning notices wee displayed around the pool but it was not lit at night. There was also a sign on the gate advising of the opening hours of the pool. It was held the college was not liable as the pool itself was not dangerous, diving into the shallow end was. This was an obvious danger.
What case is an example of no duty is owed to any person in respect of risks willingly accepted by that person?
Tomlinson v Congleton Borough Council
Tomlinson v Congleton Borough Council
The claimant was injured when he dived into a lake where swimming was prohibited. Notices were displayed stating this. It was held the Council were not liable. The risk did not arise from the state of the premiss, the risk arose from the claimant’s actions.
