Tort - Occupiers Liability 1984

Question 1

What is the first step in Occupiers Liability 1984?

Answer 1

Is a duty of care owed?
Two Preliminary steps
1) the claim must arrise out of the dangerous state of the land rather then the dangerous activities of the claimant.
2) An occupier owes a duty if; he is aware of the danger or believes it exists (Rhind v Atsbury Water Park 2004), Knows that somone is in the vicinity of the danger (Higgs v Foster 2004), or the danger is one which he may be expected to offer some protections

Question 2

What is the second step in Occupiers Liability 1984?

Answer 2

Was the duty of care breached?

• Courts will take a reasonable approach as to whether an occupier has done enough to protect unlawful visitors on his premises- will take into account likelihood of trespass, seriousness of injury, cost and practicality.

Question 3

What is the third step in Occupiers Liability 1984?

Answer 3

Causation and remoteness

Question 4

Does an occupier always owe a duty to trespassers?

Answer 4

No, there will be instances where an occupier owes no duty at all.

• Donoghue v Folkstone Properties 2003 - an occupier will not owe a duty if he cannot be expected to know that trespassers will be in the vicinity of a danger at that time
• Baldaccino v West Wittering 2008 - You may be a lawful visitor on one part of the land but a trespasser on another of the land and therefore there is no duty on the part of the occupiers to warn against obvious dangers.

Question 5

Platt v Liverpool City council 1997

Answer 5

An occupier may have done all that is reasonable even if he cannot guard against a determined and irrisponssible minority

Question 6

Tomlinson v Congleton Borough Council 2003

Answer 6

Clear and visible signs warning of a danger may be all that an occupier has to do to satisfy his duty.

Question 7

Ratcliff v McConnell 1999

Answer 7

An occupier is not required to warn adult trespassers of obvious dangers like changing depths in a swimming pool.

Question 8

An Occupier owes a duty if they are aware of the danger

Answer 8

Rhind V Astbury water park

Question 9

An Occupier owes a duty if they are aware that someone’s in the vicinity of the danger

Answer 9

Higgs v Foster

Question 10

The claim mus arise out of the dangerous state of the premises not the dangerous actions

Answer 10

Keown v Coventry NHS trust

Question 11

An Occupier will not owe a duty if they are not to know that trespasser will be in the vicinity of it

Answer 11

Donoghue v Folkestone

Question 12

May be a lawful visitor on one area of the land but this can be exceeded and then become a trespasser where no duty is owed

Answer 12

West wittering