OL- Tresspassers

• First requirement

  Is D an occupier?

  • Can be multiple occupiers - Wheat v Lacon
  • No need to be in physical possession - Harris
  • Can be no occupiers - Bailey v Armes
• Second requirement

  Did it happen on premises?

  • Fixed or moveable structure including aircraft & vessel (s.1(3)(a)
  • Can be a ladder {shows broader definition} (Wheeler v Copas)
• Third requirement

  Is C a lawful visitor or trespasser?

  ---> if they don't fall under lawful visitor, they're a trespasser

  • Duty of common humanity for trespassers - BRB v Herrington, occupier is aware of risk of trespass, they act to avoid injuries
• Fourth requirement

  Does D owe them a duty?

  OLA s.1(3)- owe a duty if:

  1. D is aware of danger - Rhind v Astbury Waterpark
  2. D is aware of risk of trespass - Donoghue v Folkestone, Higgs v Foster
  3. Is it kind of risk we expect D to prevent - Tomlinson v Congleton
• Fifth requirement

  Is it personal injury or property damage?

  • Personal injury only (no property damage) - s.1(1)a
• Sixth requirement

  Has D taken reasonable care?

  • If D has done what was reasonable then no liability - s.1(4) OLA
  • Risk was obvious, D had no need to warn - Tomlinson/ Ratcliff
• Seventh requirement

  Do defences apply

  • Contributory Negligence - Law Reform (contributory negligence) Act 1945, Sayers v Harlow
  • Consent - Smith v Baker
  • Warning signs - effective as long as it clearly warns danger - Westwood v Post Office