Occupiers’ Liability: Trespassers Flashcards
What is trespasser?
Someone who doesn’t have permission to be there or goes beyond their permission.
What is an occupier?
Someone in control and possession of the premises.
What happened in Wheat?
What are premises?
Fixed and moveable structures.
What did Herrington say occupiers owe to trespassers?
A duty of care.
What does section 1(1)(a) of the Occupiers’ Liability Act 1984 state?
A duty applies to trespassers for ‘injury on the premises by reason of any danger due to the state of the premises or things done or omitted to be done by them’.
What is required for an occupier to owe a duty of care?
- They are aware of the danger or have reasonable to believe it exists.
- They know or have reasonable grounds to believe that the claimant is in the vicinity of the danger.
- The risk is one against which they may reasonably be expected to offer some protection.
What happened in Higgs?
What does section 1(4) of the Occupiers’ Liability Act 1984 state?
The occupier must take reasonable care to ensure the trespasser is not injured by the danger.
What doesn’t the occupier have to warn the trespasser against?
The risk of injury arising from obvious dangers.
What happened in Ratcliff?
What is the occupier entitled to consider?
The practicality of taking precautions.
What happened in Tomlinson?
When is the occupier not liable?
If they were not aware of the trespasser, not aware of the danger or if the state of the premises is not at fault.
What happened in Rhind?
