Topic 13 - Occupiers liability to trespassers

Question 1

what does section 1.1 of the 1984 OLA act state when a duty is owed?

Answer 1

‘injury on the premises by reason of any danger due to the state of the premises or things done or omitted to be done on them

Question 2

what three things does a claimant (the trespasser) have to prove before it can be said the occupier owes them a duty?

Answer 2

1) aware of the danger or has reasonable grounds to believe it exists
2) knows or has reasonable grounds to believe the other is in the vicinity of danger or that he may come into the vicinity of the danger
3)the risk is one which in all circumstances of the case he may be expected to offer some protection

Question 3

what then is the duty imposed by S1.4?

Answer 3

‘take such care as is reasonable in the circumstances to see that he is not injured by reason of the danger’

Question 4

what is the importance of Ratliff v McConnell?

Answer 4

the time of day and time of year when the accident happened will be relevant in deciding wether the occupier owes a duty of care

Question 5

what is the importance of Donoghue v Folkstone Properties?

Answer 5

an occupier doesn’t have to spend lots of money in making premises safe from obvious dangers

Question 6

what is the importance of Tomlinson v Congleton Borough Council?

Answer 6

the occupier will not be liable if he had no reason to suspect the presence of a trespasser

Question 7

what is the importance of Rhind v Astbury Water Park?

Answer 7

occupier doesn’t owe a duty of care if he is unaware that the duty exists

Question 8

what is the importance of Higgs v Foster?

Answer 8

the occupier won’t be liable if he wasn’t aware of the danger or had no reason to suspect the danger existed

Question 9

what is the approach to children in the OLA 84 act?

Answer 9

the approach to child trespassers is the same as adults

Question 10

Keown v Coventry Healthcare Trust

Answer 10

child climbed a fire escape and fell. The state of the premises wasn’t what caused the fall it was the boys own activity

Question 11

Baldaccino v West Wittering

Answer 11

boy climbed a beacon and dived off suffering neck injuries. The occupiers had no duty to warn against obvious dangers

Question 12

What remedies may a successful trespasser claim?

Answer 12

damages for personal injury