Occupier's Liability 1984

Question 1

Ratcliff v McConnell

Answer 1

• Claimant was seriously injured by diving into a college pool late at night.
• Occupier does not have to warn adult trespassers of risk of injury against obvious dangers.

Question 2

Donoghue v Folkestone Properties

Answer 2

• Claimant was seriously injured by diving into a college pool late at night.
• Occupier doesn’t have to warn adult trespassers against obvious risks if trespasser enters at an unforeseeable time of day or year.

Question 3

Tomlinson v Congleton Borough Council

Answer 3

• C was seriously injured by diving into a lake.

- Occupier doesn’t have to spend lots of money in making premises safe from obvious dangers.

Question 4

Higgs v Foster

Answer 4

• Occupier will not owe a duty to a trespasser he does not expect to enter premises.

Question 5

Rhind v Astbury Water Park

Answer 5

• Occupier doesn’t owe a duty of care for danger he is unaware of.

Question 6

Keown v Coventry Healthcare NHS Trust

Answer 6

• C, a child, fell from a fire escape he had been climbing.

- Premises were not dangerous, therefore D not liable.