trespassers

• Occupiers Liability Act 1984

  there's a lesser 'duty of humanity' owed to trespassers

  s.1(9) - covers personal injury and death

  s.1(8) - excludes any loss of or damage to property
• 1 s.1(3) the occupier will only owe a duty if...

  he is aware of the danger - (Rhind v Astbury Water Park)

  he knows or has reasonable grounds to believe that someone is in the vicinity of the danger - (swain v puri)

  the risk is one he may reasonably be expected to offer some protection against - (Jolley v Sutton Borough council)
• 2 limiting the scope of his duty...

  s.1(5) - an occupier may limit the scope of his duty through the use of effective warnings (Westwood v post office)

  s.1(6) - volenti non fit injuria, consent to the risk, risk was willingly accepted by C (Ratcliffe v McConnell)
• 3 practicality of taking precautions

  d is only expected to take reasonable precautions

  (tomlinson v congleton BC)
• 4 an occupier is entitled to expect that a trespasser will not engage in foolhardy pursuits

  (donoghue v folkestone)
• 5 allurement on land

  child trespassers will be treated as visitors - (Jolley v Sutton BC)