Occupiers Liability Act 1984

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.