OCCUPIERS LIABILITY 1984 Flashcards
TRESPASSERS
What happened in the case of Keown v Coventry healthcare NHS trust (2006)? (3)
An 11 year old boy climbed a fire escape on the exterior of a hospital and fell. The court of appeal held that the child anticipated the danger, it was not the state of the premises but what the boy was doing, the hospital was not liable.
What happened in the case of Higgs v Foster (2004)? (3)
A police officer investigating a crime scene fell into an uncovered inspection pit, suffering injuries causing him to retire from the forces. Although occupiers knew the pit was a potential danger they could not have anticipated his presence on the premises, so they were not liable.
What happened in the case Baldaccino v West Wittering (2008)? (3)
A 14 year old boy climbed a navigational beacon as the tide was ebbing, he divided off and suffered an nec k injury and tétraplégie. He was a lawful visitor to the beach but a trespasser to the beacon, there was no duty due to obvious danger.
What happened in the case Tomlinson v Longleton Borough council (2003)? (3)
Claimant went swimming in a lake that was owned by the council, which had many warning signs and was prohibited to the public. He struck his head and suffered paralysis as a result of a spinal cord injury. The court of appeal succeeded his claim. The lake acted as an allurement/seriousness of injury should have meant scheme to complete lake should have been completed with more urgency.
What happened in the case Phind v Astbury water park (2004)? (2)
Occupier did not know of a fibre glass container resting on the bottom of a lake. Claimant ignored notice and jumped into the lake and was injured. S1 (3) (c) as the occupier did not know of danger so there was no liability.
What happened in the case Ratcliff v McConnell (1999)? (2)
A 19 year old student climbed a fence of an open swimming pool and divided in, hitting his head on a ledge. He was seriously injured, court of appeal decided that occupier was not required to warn adult trespassers of a risk of dangers so obvious.
Why did the House of Lords accept the court of appeals decision in Tomlinson v Longleton borough council (2003)? (3)
1) there had to be a danger due to state of premises, the claimant jumped into the water creating danger.
2) not a risk the defendant should guard against so trespassers have to take some responsibility.
3) the council would not have to spend money protecting from obvious danger.
What case covers no liability by no knowledge of dangers? (1)
Rhind v Astbury water park (2004)
What case covers no liability by no suspicion of trespasser? (1)
Higgs v Foster (2004)
What happened in the case Donoghue v Folkestone properties (2003)? (3)
Claimant was injured when he trespassed on a slipway in a harbour and divided into the sea, hitting a grid pile. Which would have been visible at low tide. Injury happened in winter at midnight, court held that occupier did not owe a duty.
What case covers practicality of taking precautions? (1)
Tomlinson v Longleton borough council (2003)
What case covers how the time of day and year affects liability? (1)
Donoghue v Folkestone properties (2003)
What factors are taken into account, in terms of degree of care? (4)
-nature of premises
-the degree of danger
-the practicality of taking precautions
-age of the trespasser
What case covers an occupier not being liable for injury by obvious danger? (1)
Ratcliff v McConnell (1999)
What cases involve child trespassers? (2)
-keown v Coventry healthcare NHS trust (2006)
-baldaccino v West wittering (2008)
