1
Q
British Rail Board v Herrington
A
- a six year old was badly burned when he trespassed onto an electrified railway line through fencing
- British rail was aware of gaps in fence and children playing in the area
- House of Lords established a duty of ‘common humanity’ which was limited duty owed when danger was known
- As a result the 1984 Act was passed by parliament
2
Q
Ratcliff V McConnell - adult trespassers
A
- 19 year old climbed the fence of his college swimming pool
- dived into the pool hitting his head on the bottom
- Court of Appeal decided the occupier was not required to warn adult trespassers of the risk of injury from obvious danger
3
Q
Donoghue v Folkestone Properties
A
- claimant was injured when he was trespassing on a slipway in a harbour
- dived into the sea and hitting a grid pile which was visible at low tide
- Court help that occupier didn’t owe a duty of care to claimant under act 1984
- as wouldn’t expect trespasser to jump into harbour
4
Q
Tomlinson v Congleton Borough Council
A
- Council owed a lake with warning signs posted that prohibited swimming
- they knew it was generally ignored
- so council made it inaccessible to public but delayed it as lack of funds
- 18 year old went swimming and struck his head and suffered serious injuries
- His claim succeeded under the Court of Appeal as the severity of his injuries
- the act if closing the lake should have been completed with greater urgency
5
Q
Higgs v Foster
A
- Police officer investigating a crime entered the occupier’s premises to carry out surveillance
- He fell into uncovered inspection pit suffering severe injuries causing him to retire
- Police officer was judged as a trespasser as occupiers couldn’t of anticipated his presence on the premises so couldn’t make him aware
- so occupier wasn’t liable
6
Q
Rhind v Astbury Waterpark
A
- occupier did not know of submerged fibreglass container resting on the bottom of a lake on its premises
- claimant ignored notice saying private property
- strictly no swimming and jumped into the lake and was injured by objects in lake
- Section 1(3)(c) requires the occupier to owe a duty if the risk is expected to have protection
- as occupier didn’t know of danger no duty was owed
7
Q
Keown v Conventry Healthcare
A
- 11 year old boy climbed a fire escape on the exterior of a hospital to show off and he fell
- the Court of Appeal held that since the child appreciated the danger it was not the premises that was at fault
- so hospital wasn’t liable
8
Q
Westwood v Post office
A
- claimant was an employee of the post office and was injured when entered as a trespasser
- unlocked room which had a notice only authorised attendant permitted
- door should have been locked
- defendants not liable as notice was sufficient warning to an adult
Law - Comp 2
flashcards
Decks in class (3)
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