Occupiers liability - Trespassers Flashcards
Requirements for liability for trespassers
1)Defendant is an occupier
2)It happened on premises
3)Claimant was a trespasser
4)A duty of care is owed
5)Property damage is not recoverable.
Requirement 1 - defendant is an occupier
1)Wheat v Lacon - more than one person can be an occupier
2)Harris - The occupier is whoever has control of the premises. They don’t need to be in occupation of it.
3)Bailey - Sometimes there is no occupier if no one has control of it.
Requirement 2 - Definition of premises
“any fixed or moveable structure including any vessel, vehicle or aircraft”
Requirement 3 - Trespassers
Trespassers can claim compensation if:
1)The danger was obvious to the defendant
2)The defendant was aware of the risk of trespassers to be on the land.
Requirement 4 - A duty of are is owed in 3 circumstances
A duty of care is owed if:
1)The defendant is aware of the danger or has reasonable grounds to believe that it exists.
2)The defendant has reasonable knowledge that the other may come into the vicinity of danger.
3)The risk means the defendant should offer reasonable protection.
Factors that should be considered when looking for a duty of care:
1)The standard of care is objective
2)Defendant is only liable if they are aware of the risk.
3)The degree of danger and age of trespasser are relevant.
4)Defendant can expect the claimant to avoid foolhardy activities.
5)There is no duty to an unexpected trespasser.
Requirement 5 - Property damage is not recoverable
Damage to property is not covered because trespassers deserve less protection than lawful visitors.
Defences to claims by trespassers:
1)Consent (volenti)
2)Contributory negligence
3)Warning notices
Remedies
If the occupier is liable for breach of duty, the remedy to be claimed by the trespasser is damages for personal injury only.
