occupiers liablity 1984 Flashcards
who does this act protect
tresspassers
what can c claim for
personal injury
how much protection do tresspassers have
less that lawful visitors
what 3 ways can a tresspasser be defined
someone entering a premissis without permission
someone whoes permission has been removed
someone who enters somewhere they shouldnt
which cases show the previous hole in the law
addie v dumbreck
brb v herrington
what 3 conditions must be met for the occupier to have liablity over the tresspasser
d must be aware of the danger
d must know/have reasonable grounds to believe d is in the vicinity of danger
the risk could be reasonably expected to be protected against
which section describes the duty of the occupier
s1(4)
how is the duty of the occupier described
the duty is to ‘take such care as is reasonable in all the curcumstances’ to prevent injury
how is the duty of the occupier judged (on if they have furfilled their duty of securing the premisis)
an objective test
what would the reasonable person do
what is expected of the occupier if there is a large risk
more precautions
what will be taken into account when seeing if the occupier has taken reasonable steps to secure the risk
The type and condition of the premises.
The amount of danger
Whether it is possible to take precautions
Age of known or suspected trespassers
give a case showing sufficient precautions by d
radcliff v McConnell
give a case showing c knowing risks
tomlinson v congleton bourgh council
give a case showing d not knowing of c presents
Higgs v foster
what is the approach towards children
The approach towards child trespassers is the same as adults the objective test includes factors like age
how will a childs age effect the need for procautions
age might increase danger and thus increase the need for precautions
give a case to show the c understanding the risk as a child
keown v coventry healthcare NHS trust
give a case showing danger due to c own act as a child
baldacchino v west witterington
what are the defences available
contributory negligence
concent
warning signs
what is contributory neglegence
Can reduce the amount of damages awarded
Blame to be assigned by a judge
what is concent
It requires that the trespasser appreciates the nature and degree of the risk, more than just its existence.
what section hilights concent
s1(6)
what determins the sufficients of warning signs
the age of a child trespasser will determine whether the warning is sufficient.
give a case for warning signs
westwood v post office
