Tort - Occupiers Liability

Question 1

When does an occupier owe a duty of care to a trespasser? (3 conditions)

Answer 1

(a) the occupier is aware of the danger or has reasonable grounds to believe that it exists;

(b) the occupier knows or has reasonable grounds to believe that the trespasser is in the vicinity of the danger or that he may come into the vicinity of the danger; and

(c) the risk is one against which, in all the circumstances of the case, the occupier may reasonably be expected to offer the trespasser some protection.

Question 2

What damages are available for breach of duty to trespasser

Answer 2

Personal injury damages

NOT DAMAGE TO TRESPASSOR’s PROPERTY