1984

• 1). Define occupier- someone who has control over a premises wheat v lacon
• 1). Premises

  Includes land, buildings, houses as well as

  vehicles and fixed or moveable structures, e.g.

  lifts, ladders, bouncy castles
• 2). Define trespasser

  A person who has no permission or authority to be on premises, or a visitor who has gone

  beyond their permission

  ● Limited to claims for personal injury only arising from state of premises
• 3).s.1(3) Conditions for imposing a duty

  A duty is not automatically imposed, C must prove all three elements:

  (a) Occupier is aware of danger or has reasonable grounds to believe it exists

  ○ Rhind v Astbury (occupier had no knowledge of danger at bottom of lake)
• 3). s.1 (3) conditions for imposing a duty

  (b) Occupier knows or has reasonable grounds to believe trespasser may come in vicinity of danger

  ○ Higgs v Foster (occupier had no reason to suspect police officer carrying out

  surveillance)

  (c) Risk is one which, in all the circumstances, the occupier may reasonably be expected to offer

  some protection against

  ○ Tomlinson v Congleton (it wasn’t reasonable to offer protection from a natural feature of

  the lake)
• 4). s.1(4) Duty to trespassers

  To take such care as in all the circumstances is reasonable to see that the trespasser does not suffer

  injury on the premises by reason of the danger
• 4). s.1(4) Duty to trespassers

  ● No liability for obvious dangers

  ○ Ratcliff v McConnell (drunk student dived in shallow end of outdoor pool)

  ● Time of day/year may impact on liability

  ○ Donoghue v Folkestone Properties (see above)

  ● No need to spend lots of money to make the premises safe

  ○ Tomlinson v Congleton (council had warned people not to swim in lake and had plans to

  make the lake less accessible)
• 4). s.1(4) Duty to trespassers

  ● Same rules apply for child trespassers

  ○ Keown v Coventry NHS (11-year-old playing on fire escape, danger didn’t arise due to

  state of premises)

  Defences to a claim by a trespasser

  ● s.1(5) Warning notices

  ○ Must make danger clear

  ■ Westwood v Post Office

  ○ Whether a warning will be sufficient for a child trespasser may depend on the age and

  understanding of the child
• 5). Defences to OLA

  ● Contributory negligence

  ● Consent (volenti)