Occupiers Liability Trespassers

Question 1

Addie V Dumbreck

Answer 1

originally occupiers had no liability to trespassers

Question 2

BRB V Herrington

Answer 2

Courts introduced a common duty of humanity to trespassers

Question 3

occupier and premises?

Answer 3

the same as the 1957 Act

Question 4

Occupiers’ Liability Act 1984

S.1(1)(a)

Answer 4

the duty covers
‘INJURY on the premises by reason of any danger due to the state of the premises or things done or omitted to be done on them’

Question 5

What conditions need to be satisfied for an occupier to owe a duty of care?

Answer 5

1. he is AWARE OF THE DANGER
2. has reasonable grounds to believe the trespasser is in the VICINITY of the danger (nearby)
3. the risk is one he is EXPECTED TO OFFER the trespasser SOME PROTECTION

Question 6

S.1(3)(a) AWARE OF THE DANGER

Answer 6

Rhind v Astbury Water Park

occupier does not owe a duty for danger which occupier is unaware