Occupiers Liabilty Act 1984

Question 1

Who is a trespasser?

Answer 1

• No permission or authority to be on the occupiers premises
• Can become trespasser by exceeding permission

Question 2

What can trespasses claim for?

Answer 2

Personal injury but not damage to property

Question 3

Is the duty automatic?

Answer 3

No, must be steered away from the danger

Question 4

What section sets out duty of care?

Answer 4

s.1(3)

Question 5

What 3 things must apply for there to be a duty of care?

Answer 5

• a) Occupier is aware of the danger
• b) Has reasonable grounds to believe the trespasser is in the vicinity of the danger
• c) They may be reasonably expected to offer some protection against the risk

Question 6

Case for duty of care

Answer 6

• Donoghue v Folkestone Properties 2003
• No duty as they did not expect trespasser to jump into the harbour at that time of day/year

Question 7

Where is the standard of care set out?

Answer 7

s.1(4)

Question 8

What is the standard of care?

Answer 8

To take such care as in all the circumstances is reasonable to see that [the trespasser] does not suffer injury on the premises by reason of the danger concerned

Question 9

Case for standard of care

Answer 9

• Tomlinson v Congleton 2003
• Occupier does not have to spend lots of money in making premises safe from obvious dangers

Question 10

What must the danger arise from?

Answer 10

• The state of the premises
• Occupier owes no duty to guard against obvious dangers

Question 11

What are the three defences to a claim by a trespasser?

Answer 11

• Warning notices
• Contributory negligence
• Consent

Question 12

Warning notices

Answer 12

• s.1(5) effective defence, makes the danger clear
• Westwood v Post Office 1973

Question 13

Contributory negligence

Answer 13

Reflect claimant’s responsibility for their injuries

Question 14

Consent

Answer 14

Trespasser appreciates the nature and degree of the risk