When a duty is owed, claimant must prove all 3 elements to suceed (a-c)
a)
he is aware of the danger or has reasonable grounds to believe that it exists
b)
he knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or that he may come into the vicinity of the danger
c)
the risk is one against which, in all the circumstances of the case, he may reasonably be expected to offer the other some protection
S.1(4)
duty on the occupier is 'to take such care as is reasonable in all the circumstances of the case to see that the trespasser does not suffer injury on the premises by reason of danger concerned'
Ratcliff v McConnell
Occupier does not have to warn adult trespassers of risk of injury against obvious dangers
Donohue v Folkestone Properties
Occupier does not have to warn adult trespasser against obvious risks if they enter at unforeseeable time of day or year
Tomlinson v Congleton borough council
Occupier does not have to spend lots of money in making premises safe from obvious dangers
Higgs v Foster
Occupier is not liable if he had no reason to suspect the presence of a trespasser
Rhind v Astbury water park
Occupier not liable if didn't know about the danger
