Trespass at your peril
Trespass at your peril
- 2003
- Estates Gazette (0322) 31 May 2003, 140(1) .
Discusses the liability of landowners to trespassers under the Occupiers' Liability Act 1984. Suggests that an occupier owes a duty of care to trespassers where three conditions have been satisfied. Firstly the occupier is aware of the danger, secondly he/she is aware that the other person is or is likely to be in vicinity of danger and thirdly could he/she reasonably be expected to offer the other person some protection. Refers to "Donoghue v Folkestone Properties Ltd" ([2003] EWCA Civ 231 [2003], 2 WLR 1138) where CA held that the occupier was not liable reaffirming the approach of 'let the trespasser beware'.
OCCUPIERS LIABILITY ACT 1984
LAW OF TRESPASS
TOMLINSON V CONGLETON BC
DONOGHUE V FOLKESTONE PROPERTIES LTD
NEGLIGENCE
LIABILITY
Discusses the liability of landowners to trespassers under the Occupiers' Liability Act 1984. Suggests that an occupier owes a duty of care to trespassers where three conditions have been satisfied. Firstly the occupier is aware of the danger, secondly he/she is aware that the other person is or is likely to be in vicinity of danger and thirdly could he/she reasonably be expected to offer the other person some protection. Refers to "Donoghue v Folkestone Properties Ltd" ([2003] EWCA Civ 231 [2003], 2 WLR 1138) where CA held that the occupier was not liable reaffirming the approach of 'let the trespasser beware'.
OCCUPIERS LIABILITY ACT 1984
LAW OF TRESPASS
TOMLINSON V CONGLETON BC
DONOGHUE V FOLKESTONE PROPERTIES LTD
NEGLIGENCE
LIABILITY