OL Tresspassers

Question 1

Introduction

Answer 1

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

Question 2

BRITISH RAILWAY BOARD v HERRINGTON

Answer 2

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

Question 3

Section 1(1)

Answer 3

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

Question 4

Section 1 (3)

Answer 4

Occupier owes duty to trespassers if (subjective test)

Question 5

Section 1 (3) subjective test a

Answer 5

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

Question 6

Section 1 (3) subjective test b

Answer 6

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

Question 7

Section 1 (3) subjective test c

Answer 7

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

Question 8

Breach

Answer 8

Occupier must take reasonable care to see that trespasser doesn’t suffer a personal injury

Question 9

Discharge duty

Answer 9

Warnings- section 1(5) give warnings to discourage people
Greater steps need to be taken for child trespassers