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Cases on liability of occupiers to regarding trespassers on their property.
Pearson v Coleman Brothers
Facts
Girl bitten by lion after going into restricted section at a circus
Held
Usually C would be a trespasser as went beyond limit to area
however was not marked off so O liable
Wood v Leadbitter
Facts
C kicked out of horse races but remained on premise
Held
A visitor who stays longer than they should becomes a tresspasser
The Calgarth
Facts
-D used premise for different purpose
held
-C becomes a trespasser when they are permitted to be on a premise for a purpose but then they undertake a different action
-“when you invite someone to use the stairs, you do not invite him to slide down the bannisters”
Tomlinson v Congleton BC
Facts
-C dived into lake despite warning signs saying it was prohibited, then suffered injury
Held
-C was a trespasser as used lake for a prohibited purpose
-S1(5) Warning negates liability - there were warning signs saying not to swim/dive into the lake
Keown v Coventry NHS Trust
Facts
-Boy fell of fire escape while showing off to friends
Held
-Must be state of premises that is dangerous
-Cs actions were dangerous not the premise so O not liable
-Children held to same standard as an adult would be as a trespasser
Rhind v Astbury Water park
Facts
-C jumped into lake despite signs saying not to and was injured by submerged objects
Held
-S1(3a) D owes DoC where is aware of danger or has reasonable grounds it exists
-D didn't know of submerged dangers but is under no duty to check they exist as swimming was prohibited
-s1(5) warning signs negate liability - signs saying not to swim are sufficient
White v St Albans CC
Facts
-C injured taking short cut to get to car park across Os premise
Held
-S1(3b) O has Duty where he knows or has reasonable grounds to believe someone is in vicinity and could come to danger
-D was unaware cut through was being used and was unaware of facts so did not have a duty
Donoghue v Folkstone Properties
Facts
C injured jumping into harbour at night and in middle of winter
Held
-S1(3c) risk, in all circumstances of the case, O would be expected to offer the other some protection
-O not liable as would not have expected anyone to jump in at night or in winter
-The DoC under S1(4) is “far less exacting than the one owed to lawful visitors” (less required of O)
Ratcliff v McConnell
Facts
-C seriously injured after climbing over fence and jumping into a swimming pool
Held
-S1(4) O has no duty/requirement to warn adult trespassers of obvious risks
-There was an obvious risk of jumping into the swimming pool
Baldaccino v West Wittering
Facts
-D jumped off restricted beacon off of beach and suffered serious injury
Held
-S1(4) O has no requirement to warn trespassers of obvious risks
-There was an obvious risk of jumping off the beacon at low tide
Platt v Liverpool CC
Facts
-Abandoned building collapsed on child while trespassing
-Building surrounded by large metal fence
Held
-S1(5) “any duty owed can be discharged by taking reasonable steps to warn the other person of danger”
-Large metal fence is a sufficient warning to negate liability
Young v Kent CC
Contributory negligence can be used to reduce damages awarded to the claimant - climbing on roof was held to be con neg where they then fell through a skylight and suffered injury.
Note 
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