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Occupiers Liability (Trespasser) - Coggle Diagram
Occupiers Liability (Trespasser)
Pearson v Coleman Bros. (1948)
Inadequate signage implies a licence to enter. If the occupier wishes to restrict a lawful visitor by area, this must be made clear. (lion case)
Geary v JD Wetherspoon Plc (2011)
The principle of assumption of risk: an occupier is not liable for risks willingly accepted by a visitor or trespasser.
→ Limit as to purpose: Scrutton L.J. “When you invite a person into your house to use the staircase, you do not invite him to slide down the bannisters.”
Haseldine v Daw (1941)
Under S2 (4b) of the OLA 1957
The occupier is not liable for torts committed by an independent contractor if they have taken reasonable steps to ensure the contractor is competent and that the work has been done properly.
In this case, the work was too technical for the occupier to check.
Donoghue v Folkestone Properties Ltd (2003)
S1 (3b) OLA 1984: He (the occupier) knows or has reasonable grounds to believe that someone is or may come into the vicinity of the danger.
This was not the case, so the occupier did not owe a duty of care to the claimant.
Herrington v British Railways Board (1972)
An occupier owes a trespasser a duty of common humanity (a precursor to the duty under Occupiers’ Liability Act 1984).
Overruled Addie v Dumbrek (1929) in which an occupier of premises was only liable to a trespassing child who was injured by the occupier intentionally or recklessly.
Ratcliff v McConnell (1999)
Occupiers do not have to warn adult trespassers of risk of injury against obvious dangers
Rhind v Astbury Water Park (2004)
S1 3 (a) OLA 1984
An occupier does not owe a duty to trespassers to check for hidden dangers