Occupiers Liability (Paper 2) COPY

Question 1

Which Act would a trespasser claim under?

Answer 1

The Occupiers Liability Act 1984

Question 2

What was the decision in British Railway Board v Herrington?

Answer 2

An occupier will owe a duty of ‘common humanity’ to trespassers, meaning the can’t deliberately injure or set traps for them

Question 3

What does section 1(1) OLA 1984 state?

Answer 3

A duty is owed to trespassers for injuries caused by a danger due to the state of the premises

Question 4

Section 1(3) sets out three conditions in which an occupier will owe trespassers a duty of care. What is the first condition under section 1(3)(a)?

Answer 4

The occupier is aware of the danger or has reasonable grounds to believe that it exists

Question 5

What is the second condition under section 1(3)(b)?

Answer 5

The occupier knows or has reasonable grounds to believe that someone is in the vicinity of the danger

Question 6

What is the third condition under section 1(3)(c)?

Answer 6

The risk is serious enough that the occupier may reasonably be expected to offer some protection against it

Question 7

When will an occupier have breached their duty towards a trespasser?

Answer 7

When they have not taken reasonable care to see that the trespasser does not suffer personal injury

Question 8

What does section 1(5) OLA 1984 say about warnings?

Answer 8

An occupier may discharge their duty by taking reasonable steps to give warning of the danger or to discourage people, and the emphasis is on making the trespasser aware of why they shouldn’t come onto the premises

Question 9

What is the rule regarding child trespassers?

Answer 9

They may not necessarily be expected to take notice of warning signs, therefore greater steps may need to be taken by the occupier