Occupier Liability for unlawful visitors

Question 1

The act for unlawful visitors

Answer 1

Occupiers Liability Act 1984

Question 2

No compensation because of a trespasser

Answer 2

Addie v Dumbreck

Question 3

HOL established a duty of common humanity- occupier knew of danger and likelihood of trespass

Answer 3

British Rail Board v Herrington

Question 4

Occupier is not liable if adult trespasser injured by an obvious danger

Answer 4

Ratcliffe v McConnell

Question 5

Time of day and year is relevant

Answer 5

Donoghue v Folkestone Properties

Question 6

Occupier does not have to spend a lot of money making premises safe to obvious danger

Answer 6

Tomlinson v Congleton Borough Council

Question 7

Occupier not liable if they had no reason to suspect presence of trespasser

Answer 7

Higgs v Foster

Question 8

Occupier not liable if he was not aware of danger or had no danger to suspect danger existed

Answer 8

Rhind v Astbury Water Park

Question 9

Not premises fault but the childs fault

Answer 9

Keown v Conventry Healthcare NHS trust

Question 10

No duty on part of occupier to warm against obvious danger (children)

Answer 10

Baldaccino v West Wittering

Question 11

Warning as a defence

Answer 11

Westwood v Post Office