Occupiers' Liability Act 1984

Trespasser

s1(3) - ‘duty owed to another (not being his visitor)’

A trespasser is someone who has no permission to be on the premises or a lawful visitor who went beyond permission

Duty owed to trespasser

s1(1)(a) duty owed 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 to them.

s1(8) no duty for damaged property

Circumstances where duty is owed

s1(3) - owes a duty ifL they are aware of the danger or have reasonable grounds to assume it exists, they know or have reasonable grounds to believe that the other person is in the vicinity of the danger or might come into the vicinity (Swain v Natui Ram Pun), and they may be expected to protect the other person against it(Tomlinson v Congleton Borough Council)

s1(4) take such care as is reasonable in the circumstances to see that he is not injured by reason of the danger’

Does not have to warn of obvious dangers

Ratcliff v McConnell

Time of day and year can be relevant

Donoghue v Folkestone Properties

O does not have to spend lots of money

Tomlinson v Congleton Borough Council

Not liable if O has no reason to suspect trespasser

Higgs v Foster

Not liable if unaware of danger

Rhind v Astbury Waterpark

Warnings

s1(5) O can fully discharge duty to trespasser with a clear warning, shown in Westwood v The Post Office

Child Trespassers

Same rules apply as to adults (Keown v Coventry NHS Trust, Baldaccino v West Wittering)

Defences

s1(6) - if trespasser appreciates nature and degree of the risk, could argue consent