Occupiers' Liability 1984 Flashcards
What is defined in Section 1(1)?
A trespasser is anyone who does not have permission to be on the occupier’s premises or who has gone beyond their permission to be on the premises
What was held in Herrington v British Railways Board?
Trespassers are owed a duty when the occupier is aware of a danger and the likelihood of trespassers
What duty is held to trespassers?
A duty of ‘common humanity’
For what torts are compensation given under the 1984 statute?
For torts of personal injury
(reflects that trespassers are deserving of less compensation)
What happened in Addie v Dumbreck?
A child was killed when trespassing, the rule was applied harshly and no compensation could be claimed
What is stated in Section 1 (1) (a)?
The injuries have to be caused by the state of the premises
What was held in Ratcliffe v McConnell?
The occupier will not be liable when the defendant is injured by an obvious danger
What is stated in Section 1 (3) (a)?
The occupier has to be aware of the danger
What was held in Rhind v Astbury Waterpark?
The occupier was not aware of danger and was not liable
What is stated in Section 1 (3) (b)?
The occupier must be able to anticipate trespassers
What was established in Higgs v Foster?
The occupier will be liable if they have reason to suspect a trespasser
What is stated in Section 1 (3) (c)?
The occupier must take practical precaution against any danger.
What was established in Tomlinson v Congleton Borough Council?
The occupier must take precaution against any danger.
(This does not mean spending lots of money)
What is stated in Section 1 (4)?
The occupier needs to take reasonable care to ensure that the trespasser is not injured whilst on the property.
What does ‘danger’ refer to?
The part of land or an object that the trespasser may be injured on
