Occupiers Liability Act 1984 Flashcards
What can trespassers claim for?
Personal injury only
Who is a trespasser?
A Non-Visitor
Herrington
First case to recognise common duty of humanity
Boys playing near rai lines and stumble through a hole into the track
1 boy is electrocuted - parents sued and occupier was liable
Judge said we owe a CDoH
What does s1(1) say
There must be a danger due to the state of the premises
Create - things done/not done by O
Obvious - O is not responsible for obvious dangers
Keown
Young boy climbing on a fire escape and falls off injuring himself
O not liable as the premises were safe and the boy caused the accident himself
What is the tree part test
- Was the occupier aware of the danger?
- Did/should they know that the trespasser is in the vicinity
- Offer some protection
What section is aware of the danger under
S1(3)(a)
Explain aware of the danger
The occupier needs to be either aware of the danger or have reasonable grounds to suspect there is a danger
Rhind
Visits park and then decides to swim in lake
Hits head on fibre glass
D was not liable as was not aware of the dangerous object
Explain trespasser in the vicinity
The occupier needs to be aware trespassers might come into the vicinity
The courts will look at the time of day the issue occurs
Higgs
Officer enters D’s land as a trespasser. It has cars and ditches on the land
D was not liable, claimant did not have a warrant so D did not expect a trespasser
Explain some protection
The occupier must offer enough protection, but the courts will not expect them to go above and beyond
If they have warned of the danger s1(5) says the occupier can discharge of their duty
Under s1(4) the duty is to take reasonable care to prevent injury
factors include: type of premises, type of trespasser, cost&practicality
Tomlinson
C jumped in the lake thinking it was deep and hits head
D not liable as there was warning notices and ranger patrol
D offered enough protection
Defences available
S1(5) warning notices - full defences
S1(6) consent - c knowingly accepts the risks/ given permission - full defence
Contributory negligence - c has played a part in their own injury - partial defence Contributory negligence
