Occupiers’ Liability 1984: Trespassers Flashcards
(12 cards)
What is trespasser?
Someone who doesn’t have permission to be there or goes beyond their permission.
What did Herrington say occupiers owe to trespassers?
A duty of care.
What does section 1(1)(a) of the Occupiers’ Liability Act 1984 state?
A duty applies to trespassers for ‘injury on the premises by reason of any danger due to the state of the premises or things done or omitted to be done by them’.
What is required for an occupier to owe a duty of care?
- They are aware of the danger or have reasonable to believe it exists.
- They know or have reasonable grounds to believe that the claimant is in the vicinity of the danger.
- The risk is one against which they may reasonably be expected to offer some protection.
What was held in Higgs v Foster (2004)?
The occupier must anticipate the presence of a trespasser.
What does section 1(4) of the Occupiers’ Liability Act 1984 state?
The occupier must take reasonable care to ensure the trespasser is not injured by the danger.
What was held in Ratcliff v McConnell (1999)?
Occupiers are not required to provide warnings or protection against obvious risks to trespassers.
What is the occupier entitled to consider?
The practicality of taking precautions.
When is the occupier not liable?
If they were not aware of the trespasser, not aware of the danger or if the state of the premises is not at fault.
What does S1(3)(a) state?
No duty of care is owed if the occupier did not know of the danger.
What is relevant when considering liability?
The time of day and year.
What is the correlation between the rules for adult and child trespassers?
The same rules apply.
