1984

• Occupiers' Liability Act 1984 regarding trespassers:

  • Previously, property owners didn't owe a duty of care to trespassers, Addie v Dumbeck overruled in Herrington
  • Trespasser defined as a person without permission to be on the premises or a visitor who has exceeded their permission
  • Trespasser status can change, even from a lawful visitor
  • Court usually favors the claimant, especially if it's a child, Pearson v Coleman Bros
• Cases involving trespassers:

  • Scope of duty: liable if the trespasser is injured by an obvious danger (Ratcliff v McConnell)
  • Time and day of year relevant (Donoughe v Folkstone)
  • No obligation to spend extensively to make premises safe from an obvious danger (Tomlinson)
  • Not liable if the occupier had no reason to suspect the trespasser's presence (Higgs v Foster)
  • Not liable if the occupier was unaware of the danger (Rhind v Astbury)
  • Child trespassers owed the common duty of humanity, Keown v Coventry Healthcare
• Occupier only owes a duty if:

  • Aware of the danger or has reasonable grounds to believe it exists
  • Knows or has reasonable grounds to believe others will be near the danger
  • The risk is one against which protection can be offered