Occupiers Liability Act 1984

A trespasser is any person

Who enters without an invitation; AND • Whose presence is either

➔ Unknown to the occupier; OR

➔ Known to the occupier, but the occupier has objected to it in some practical way (e.g. a sign, locked gate, or verbal warning).

Pearson v Coleman Bros

1) C is a trespasser if exceeds limit as to area (must be clear)

Limit as to time (2)

A visitor who stays longer than they should becomes a trespasser e.g. after closing time at a museum

The Calgarth

C is a trespasser if he exceeds limit as to purpose (3)

Scrutton LJ in The : “When you invite a person into your house … you invite them to use the staircase in the ordinary way which it is used”.

Tomlinson v Congleton BC

At that point C became a trespasser as he was undertaking an activity (diving) that was not permitted. Limit as to purpose

British Railways Board v Herrington

Established 'duty of common humanity' to trespassers in respect of dangers on occupier's land

Keown v Coventry NHS Trust

No duty where claim does not arise from dangerous state of premises (1) - factors

2) s1(3) OLA 1984: an occupier owes a duty because of a danger on their premises if:

• he is aware of danger or has reasonable grounds to believe that it exists

• he knows or has reasonable grounds to believe that someone else is in the vicinity of the danger or may come into the vicinity of the danger

• the danger is one which he may reasonably be expected to offer some protection against.

Donoghue v Folkestone Properties

2) No duty as D had no reasonable grounds to believe anyone would come into vicinity of danger (harbour in the middle of a winter’s night) opposite to s1(3)

s1(4) of OLA 1984

The duty owed by an occupier to a trespasser is to take such care as is reasonable in all the circumstances to see that the trespasser does not suffer injury on the premises because of the danger

factors the judge may consider when discharging duty

1) Likelihood of trespass

3) The cost and practicality of precautions,

6) Relative obviousness of the danger,

etc

Platt v Liverpool CC

Duty discharged as reasonable steps taken and occupier cannot be expected to guard against actions of a determined and irresponsible minority

Tomlinson v Congleton BC

Duty discharged by clear warning signs

Ratcliff v McConnell

No duty owed as C consented to the risk - defence

Defences

1) Contributory negligence 2) Consent

s1(6) of OLA 1984

states that the defendant owes no duty in respect of risks willingly accepted by the trespasser (Ratcliff v McConnell)

Remedies

A successful claimant can claim damages for death and personal injury. By s1(8) of OLA 1984, he cannot claim damages for any loss to his property.