Occupiers Liability - Unlawful

Question 1

Define occupier

Answer 1

The owner/tenant of the land

Question 2

Wheat

Answer 2

manager and owner of pub were considered the occupiers

Question 3

What is owed?

Answer 3

The occupier owes a duty of ‘common humanity’

Question 4

Herrington

Answer 4

Child crawled through hole in railway fence. Railway held to be liable as they needed to provide ‘common humanity’

Question 5

• -

Answer 5

• Occupier is aware of danger
• They reasonably believe it exists
• They know the trespasser is there and it is fair to provide some protection.

Question 6

Tomlinson

Answer 6

No swimming and danger signs were put up. This was enough to warn trespassers and ‘provide some protection’

Question 7

-

Answer 7

• Danger is obvious

- Injury occurs at unusual time of day/year

Question 8

Ratcliffe

Answer 8

Jumps into school swimming pool at night. This is unusual time of day as the pool is not open.

Question 9

Folkstone

Answer 9

No one swims in winter

Question 10

How to make safe?

Answer 10

Occupier does not need to spend a lot of money to make it safe. Signs, and warnings, fixing fencing

Question 11

What about children?

Answer 11

Children are owed the same duty of ‘common humanity’ as adults.

Question 12

Unlawful visitors can claim …

Answer 12

Only for personal injury NOT damage to personal belongings.