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Occupiers Liability
Trespassers
Adult trespassers
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Created by
Maddie
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Cards (6)
Ratcliff
v McConnell?
School fence
, dived into
pool
Not
liable-don't
warn adult trespassers of
obvious danger
Donoghue v
Folkstone
properties?
harbour at
midnight
in
winter
not liable-time of day and time of
year
decides if occupier owes a duty of
care
Tomlinson v Congleton Borough council?
Warning signs were posted about dangers, knew they were
ignored
Not liable-don't have to spend money making
premises safe
Higgs
v
Foster
?
police
officer injured on
property
Not
liable-
couldn't
anticipate
presence
Rhind v Astbury Waterpark?
not aware of
submerged
fibreglass
Not liable- not aware of
danger
When will occupiers owe a duty?
aware
of
danger
reasonable grounds to
believe
trespassers is in vicinity of
danger