Occupiers Liablilty- Trespassers

Question 1

British railway board v Herrington

Answer 1

Occupiers owe a duty of common humanity to trespassers

Question 2

Donoghue v Folkestone properties

Answer 2

When injury is due to state of premises, other factors like time of year are considered

Question 3

Tomlinson v Congleton borough council

Answer 3

Occupier not liable if injury is due to the claimant’s foolish activities

Question 4

Rhind v Astbury water park

Answer 4

Occupier not liable if they had no reason to believe that the danger existed

Question 5

Westwood v Post office

Answer 5

Occupier not liable if trespasser ignored warning signs

Question 6

Froome v Butcher

Answer 6

When claimant contributed to the injury, no reduction in damages