Trespassers

• Introduction


  Occupiers Liability Act 1984

  • Trespasser had to prove that occ owed them a duty of care and breached it
  • Define occupier and premises

  Section 1(1a)

  • Duty owed to persons other than visitors for injuries caused by a danger due to the state of the premises
  • Donoghue v Folkstone - not liable as T not expected to be about at that time of year
  • Tomlinson - Not liable if T's foolish activities
• Duty of Care


  Section 1 (3) - Owes a non-visitor if:

  • Aware of danger or has reasonable grounds to believe it exists - Rhind v Astbury Water Park
  • Knows/reasonable grounds to believe someone is in the vicinity of danger
  • Risk is one occ is reasonably expected to offer some protection against (allurement, capability of T, financial resources of occ)
  • Tomlinson - Occ does not need to spend lots of money to protect against obvious dangers, greater risk more precautions should be taken
• Breach of DOC


  Section 1(4)

  • "To take such care as is reasonable in all the circumstance to prevent injury to non visitors"
  • If not met, breach has occurred
• Defences


  Warnings - Section 1(5)

  • Westwood v Post Office - Reasonable steps to give warning of danger/discourage people

  Volenti (Consent)

  • Simms v Leigh RFC

  Contributory

  • Law Reform (Contributory Negligence) Act 1945
  • Taylor - Damages reduced
• Damages


  Only for injury, not for property

  Remoteness Test

  • Reasonably foreseeable - Wagon Mound
  • Precise way - Hughes

  General/Special damages