Occupiers Liability 1984

Question 1

What is a trespasser? (Define)

Answer 1

Someone who does not have permission to be there or exceeds their permission to be on a certain premises (Revill v Newbury)
S.1(1) states that a duty is owed to trespassers for injuries caused my a danger due to the state of the premises

Question 2

Stage 1 - duty of care

Answer 2

S.1(3) - occupier owes duty if 3 stage test is established
1. S.1(3)(a) - occupier is aware of the danger or has reasonable grounds to believe that it exists
2. S.1(3)(b) - occupier knows or has reasonable grounds to believe someone is in the vicinity of the danger
3. S1(3)(c) - the risk is serious enough for the occupier to offer some protection against it

Question 3

Stage 2 - breach of duty

Answer 3

S.1(4) - occupier must take reasonable care to ensure the trespasser doesn’t suffer personal injury
Premises must be dangerous and not the activity the trespasser chose to engage in

Question 4

Defences

Answer 4

Warning signs - s.1(5) states an occupier can discharge a duty if they have put up an effective warning sign which must be sufficient to enable the visitor to be reasonably safe.
Warning sign must alert you of the danger and will allow occupier to make a discharge (Tomlinson v Congleton B.C)

Question 5

Remedies

Answer 5

Trespassers can only claim compensatory damages for personal injury and not property damage.