Occupiers' Liability - Trespassers

Question 1

Occupiers’ Liability - Trespassers:

OLA 1984

Answer 1

Occupiers Liability Act 1984

Question 2

Occupiers’ Liability - Trespassers:

Duty of care?

Answer 2

C must show following:

1. D is an occupier
2. C is a trespasser
3. C has suffered loss due to state of the premises
4. Meets conditions of s.1(3)

Question 3

Occupiers’ Liability - Trespassers:

Trespasser

Answer 3

A trespasser is a person ‘other than a visitor’ (s.1(1)(a))

Question 4

Occupiers’ Liability - Trespassers:

Tomlinson v Congleton

Answer 4

If C is injured due to naturally occurring features (eg rabbit hole), injuries will NOT have been due to ‘state of premises’

Question 5

Occupiers’ Liability - Trespassers:

Claimant may only claim damages for injury (not property damage)

Answer 5

s.1(8) OLA 1984

Question 6

Occupiers’ Liability - Trespassers:

s.1(3) OLA 1984

Answer 6

1. Occupier is aware of danger/has reasonable grounds to believe it exists;
2. Occupier knows/has reasonable grounds to believe trespasser is in/may come into vicinity of danger
3. Risk is one against which occupier may reasonably be expected to offer trespasser some protection

Question 7

Occupiers’ Liability - Trespassers:

Donoghue v Folkestone

Answer 7

A man dived into water and hit head on pole; no reasonable grounds to believe anyone would be in vicinity of danger

Question 8

Occupiers’ Liability - Trespassers:

s. 1(4) OLA 1984

Answer 8

Standard of occupier is to ‘take such care as is reasonable in the circumstances’

Question 9

Occupiers’ Liability - Trespassers:

s.1(5) OLA 1984

Answer 9

Occupiers may discharge duty by taking reasonable steps to:

• give warning of danger; and
• discourage persons from incurring the risk

Question 10

Occupiers’ Liability - Trespassers:

Defences available

Answer 10

1. Consent (s.1(6))
2. Contributory Negligence
3. Exclusion of Liability (OLA 1984 silent on whether liability can be excluded)
4. Illegality (unlikely to be successful for trespass - public policy to protect trespassers)