Occupiers liability - trespassers

  • Created by: __Jess
  • Created on: 29-11-22 20:34
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  • Occupiers liability - trespassers
    • Duty of care
      • Take reasonable care that the trespasser is not injured by reason of the danger
        • Occupier owes a duty of care if
          • He is aware of the danger
          • He has reasonable grounds to believe that the other is in the vicinity of the danger
          • He is expected to offer some protection
    • Adult trespassers
      • Occupier will not be liable if trespasser is injured by an obvious danger
        • Ratcliff v McConnell
      • Time which the accident happens is relevant
        • Donoghue v Folkestone Properties
      • Occupier doesn't have to spend lots of money making the premises safe
        • Tomlinson v Congleton BC
      • Occupier not liable if he doesn't expect trespassers
        • Higgs v Foster
      • Occupier not liable if he wasn't aware of the danger
        • Rhind v Astbury Water Park
    • Child trespassers
      • Same approach applies towards child visitors as to adult visitors
        • Keown v Coventry Healthcare NHS Trust
    • Defences
      • Contributory negligence
      • Consent
      • Warning signs
        • Westwood v Post Office


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