Occupiers liability 1984

• Occupier still owes a duty to trespasser to avoid danger on the premises s1(1)
• Duty is to take such care that is reasonable in the circumstances s1(4)
• Occupier will owe a duty if

  • He is aware of the danger - rhind v astbury
  • Knows other people to be in the vicinity of the danger - higgs v foster
  • Risk is one which he may be expected to offer protection against- donoghue v folkstine
• Occupier will not be liable if the trespasser is injured by an obvious danger - ratcliffe v mcconnell
• Damage caused must be by the state of the premises not the claimant taking a risk tomlinson v congleton
• Warnings may succeed if they warn of the precises danger - westwood v post office