Occupiers’ Liability 1984

• Applies to unlawful visitors/trespasses - they have no permission to be there
• Occupier has a common duty of humanity, one to not deliberately injure/set traps - Herrington
• Duty arises under s.1(3) when occupier:

  • s.1(3)(a) is aware of the danger/has reasonable grounds to believe it exists
  • s.1(3)(b) knows/believes there is a trespasser in the vicinity
  • s.1(3)(c) is expected to offer some protection against the risk - Swain v Natui Ram Puri
• s.1(4) - occupier owes a duty to take such care as is reasonable in all the circumstances to prevent injury to the trespasser
• Objective test used to decide whether the occupier acted reasonably includes:

  • Nature of the premises
  • Practicality of taking precautions
  • Day/time of year
• If the danger is obvious, the occupier is not liable - Ratcliffe v McConell
• If warning signs are ignored, the occupier is not liable - Tomlinson v Congleton Council
• If the trespasser acts dangerously (engages in a foolhardy escapade), the occupier is not liable - Donoghue v Folkestone Properties
• Volenti (Defence) s.1(6) - if the trespasser is aware of the nature and degree of risk
• Contributory negligence (Defence) - refer to Law Reform (Contributory Negligence) Act 1945
• Warning Signs (Defence) s.1(5) - if the danger is stated in clear terms

  • for children - depends on the age and understanding
• s.1(8) - cannot recover money for property damage, only personal injury