OL Tresspassers

Question 1

Introduction 1984

Answer 1

C may be able to claim for occupier’s liability under occupiers liability act 1984 if the C is a trespasser

Question 2

definition

Answer 2

trespasser is someone who has no permission to be on the premises or exceeds their permission, can only claim for personal injury not property damage (REVILL v NEWBURY)

Question 3

BRITISH RAILWAY BOARD v HERRINGTON

Answer 3

Occupiers owe a duty of “common humanity” to trespassers (don’t deliberately injure or set traps for them)

Question 4

S.1(1)

Answer 4

Duty is owed to trespassers for injuries caused by a danger due to the state of the premises

Question 5

stage 1: S.1 (3)

Answer 5

Occupier owes duty to trespassers if the following apply

Question 6

stage 1: S.1(3)a

Answer 6

Occupier is aware of the danger or has reasonable grounds to believe that it exists

Question 7

stage 1: S.1(3(b

Answer 7

Occupier knows or has reasonable grounds to believe that someone is in the vicinity of danger

Question 8

stage 1: S.1(3)c

Answer 8

Risk is serious enough that the occupier may reasonably be expected to offer some protection against it

Question 9

stage 2: Breach

Answer 9

S.1(4) Occupier must take reasonable care to see that trespasser doesn’t suffer a personal injury premises must be dangerous not the activity of the trespasser

Question 10

Discharge duty

Answer 10

S.1(5) Warning signs- sign should make trespasser aware of why they shouldn’t have come onto the premises, must make them aware of the danger (Tomlinson v Congleton council)