Trespassers

Trespassers Act

OLA 1984

Can’t claim damage to property

s.1(8) OLA 1984

Injury due to C’s own actions not the state of the premises

Siddorn v Patel

When duty will arise act

s.1(3)OLA 1984

s.1(3)(a) OLA 1984

Occupier’s aware of danger / has reasonable grounds to believe it exists

Occupier wasn’t aware of danger

Rhind v Astbury

Rhind v Astbury

Occupier didn’t know of fibreglass container at bottom of lake

s.1(3)(b) OLA 1984

Occupier knows trespassers is/may come into vicinity of danger

Occupier had no reason to believe trespasser would come in vicinity of danger

Higgs v Foster

Time of day/ year relevant whether occupier expects trespasser

Donoghue v Folkestone Properties

Donoghue v Folkestone Properties

C dived into harbour in middle of night in winter

s.1(3)(c] OLA 1984

Risk is one occupier is reasonably expected to offer some protection

Wouldn’t be reasonable to offer protection against natural feature of lake

Tomlinson v Congleton BC

Standard of care for trespassers act

s.1(4) OLA 1984

Occupier doesn’t need to spend lots of money making premises safe

Tomlinson v Congleton

No duty to guard against obvious danger

Ratcliff v McConnell

Standard Of care doesn’t alter significantly with minors

Keown v Coventry NHS Trust

Warning notice

Westwood v Post Office