Occupiers
Liability
Act 1957
, Key Summary: Occupiers Liability
Act 1984 (Trespassers)
1. A duty of care to ‘unlawful’ visitors who may have:
(i) Exceeded permitted areas
(ii) Exceeded time
(iii) Undertaken a prohibited purpose
Case: Herrington v British Railways Board (197
2. S.1(3)(c) Occupier owes a duty if the risk is one against which he may be expected to offer protection.
Case: Tomlinson v Congleton B.C (2003)
The risk was not one the council were expected to guard against.
Warning signs were in place, not undermining the state of the premises.
3. S.1(4) Breach of duty of care if occupier does not take reasonable care in the circumstances.
Relevant factors include:
Degree of danger
Nature of premises
Practicality of taking precautions
Age of trespassers
Day & time of year
Case: Donoghue v Folkestone Properties (2003)
Child Trespassers:
Occupiers do not have to guard against obvious dangers where the state of premises was fine.
Cases:
Baldaccino v West Wittering (2008)
Keown v Coventry NHS Trust (2006)
4. S.1(1)(A) Duty of care to trespassers injured due to the state of the premises.
No duty to guard against stupidity or obvious danger.
Case: Ratcliff v McConnell (1999)
Liability
Act 1957
, Key Summary: Occupiers Liability
Act 1984 (Trespassers)
1. A duty of care to ‘unlawful’ visitors who may have:
(i) Exceeded permitted areas
(ii) Exceeded time
(iii) Undertaken a prohibited purpose
Case: Herrington v British Railways Board (197
2. S.1(3)(c) Occupier owes a duty if the risk is one against which he may be expected to offer protection.
Case: Tomlinson v Congleton B.C (2003)
The risk was not one the council were expected to guard against.
Warning signs were in place, not undermining the state of the premises.
3. S.1(4) Breach of duty of care if occupier does not take reasonable care in the circumstances.
Relevant factors include:
Degree of danger
Nature of premises
Practicality of taking precautions
Age of trespassers
Day & time of year
Case: Donoghue v Folkestone Properties (2003)
Child Trespassers:
Occupiers do not have to guard against obvious dangers where the state of premises was fine.
Cases:
Baldaccino v West Wittering (2008)
Keown v Coventry NHS Trust (2006)
4. S.1(1)(A) Duty of care to trespassers injured due to the state of the premises.
No duty to guard against stupidity or obvious danger.
Case: Ratcliff v McConnell (1999)
