Occupiers Liability Act 1984 Notes

Seite 1

Trespasser: A person who has no permission or authority to be on the occupier's premises or a visitor who has gone beyond their permission to be on the premises.

S1(1): An occupier owes a duty of care to people other than lawful visitors for injury on the premises by reason of any danger due to the state of the premises.

S1(3): An occupier will owe a duty of care to a trespasser if:

a) He is aware of the danger or has reasonable grounds to believe that the danger exists.

b) He knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or that he may come into the vicinity of the danger.

c) The risk is one against which, in all circumstances of the cases, he may be expected to offer the other some protection.

S1(4): The occupier is to take such care as is reasonable in the circumstances to see that the trespasser is not injured by reason of that danger.

The occupier will not be liable if the trespasser is injured through obvious danger.

The courts will not find the occupier liable if the injuries occurred at certain times of the day or year.

The courts have decided that the occupier doesn't have to spend lots of money make trespassers safe from obvious dangers.

Occupiers will not be liable if they do not suspect the presence of a trespasser or if the occupier was not aware of the danger, or had no reason to suspect that a danger existed.

The rules towards child trespassers apply in exactly the same way as they do to adult trespassers.

DEFENCES:

Contributory Negligence.

Volenti.

Warning Notices.

REMEDY:

The claimant who has been a trespasser is entitled to claim damages from the courts for the personal injury ONLY.