Occupiers liability - trespass

Liability to trespassers is under Occupiers Liability act 1984

2. Define occupier “a person with a degree of control over the

premises in question”

Wheat V Lacon - sufficient control test

Apply

3. Define premises “any fixed or moveable structure inc any

vessel, vehicles or aircraft inc gardens. S1(3)(a) OLA 1957

Apply

4. S1(1)(a) duty is owed to persons other than visitors for

injuries due to the state of the premises or things omitted to

be done on them courts will take into consideration several

factors when deciding if a DOC id owed such as time of day

time of year and likelihood of trespassers

Donoghue V Folkstone Properties

Occupier isn’t liable when the injury is due to C’s foolish

activities

Tomlinson

Apply

5. S1(3) occupier owes a DOC under a subjective test if the 3 conditions are satisfied

● S1(3)(a) occupier is aware or has reasonable grounds to believe the danger exists

Rhind V Astbury water park

Apply

● S1(3)(b) occupier knows or has reasonable grounds to believe someone is in the vicinity of danger

Apply

● S1(3)(c) the risk is one the occupier can be reasonably expected to offer protection against - rule of allurement, capability of trespasser, purpose of entry must consider occupier fund. Occupiers are not expected to spend lots of money on protection the greater the risk the more precautions expected

Tomlinson

Apply

6. S1(4) - breach of DOC - “the duty owed is to take such care as is reasonable in the circumstances to prevent injury to non visitors” (objective test)

Apply

7. Conclusion- is the defendant liable or not

8. O.I.R

- Defences

- warnings S1(5) must give warning of danger and discourage the trespasser

Westwood V Post Office

- Volenti nonfit injuria- S1(6) he must appreciate and understand the degree of risk

- Contributory negligence - law reform (contributory negligence) Act 1945

If no defences apply you must state that

9. Remedies

- Damages - special/ general