Occupiers Liability - Trespassers (P2) Flashcards
1
Q
What statute is Occupiers’ Liability trespassers governed by?
A
Occupiers’ Liability Act 1984
2
Q
When does a duty arise to trespassers?
A
If the claimant can prove the occupier:
1. Is aware of the danger or has reasonable grounds to believe it exists.
2. He knows or has reasonable grounds to believe that someone else is in the vicinity of danger, Donoghue v Folkstone Properties.
3. The danger is one which in all circumstances he may be reasonably expected to offer some protection against.
3
Q
What does s194) OLA 84 state?
A
Standard of care owed by an occupier to a trespasser is to take such care as is reasonable in all the circumstances to see that the trespasser does not suffer injury on the premises because of the danger.
