TRESPASSERS OCCUPIERS LIABILITY ACT 1984

What is a trespasser

Someone without permission to be on the premises OR a lawful visitor who goes beyond permission

When does an occupier owe a duty in OLA 1984

1) They know/have reasonable grounds to believe a daughter exists

2) They know/should know that someone may come near the danger

3) The risk is one they should guard against

What is a standard of duty

Take reasonable care in circumstances, to ensure the trespasser isn’t injured by the danger

What is a case where the occupier had no duty, as the occupiers has no reason to believe

Swain v Natui Ram Puri, Donoghue v Folkestone properties, Rind v Astbury Waterpark

What is a case where the occupier had no liability as danger was obvious and risks were clear

Tomlinson v Congleton, Ratcliff v McConnell, Higgs v Foster

What is a case where the occupier had liability, with a foreseeable risk

The white lion v James

What rules apply for child trespassers

Some rules apply but courts consider age and behaviour. Seen in Keown v Coventry NHS trust, where the occupier had no liability as the injury was caused by his actions, not the premises

Child trespasser case with no duty from occupier

Baldaccino v West Wittering

Summary of child trespassers

Occupiers only owe duty if they know of the danger and know people may come near. There’s no duty for obvious danger, or if the trespasser is unexpected. There’s is also no duty to spend large sums to prevent a clear risk, amd children are not given special protection