Trespassers must shoulder the blame
Murdoch, John
Trespassers must shoulder the blame - 2006 - Estates Gazette (0626) 1 July 2006, 153(1) .
Looks at the current legal situation regarding liability for injured trespassers, concluding that occupiers are liable only if there is a danger arising from the state of premises and they are aware of both the danger and the trespass. Reviews recent cases pertaining to the Occupiers' Liability Act 1984. Refers to "Tomlinson v Congleton BC" ([2003] UKHL 47, Abs67008); "Maloney v Torfaen County BC" ([2005] EWCA Civ 1762), where a man took a shortcut home and fell from a sloping grass bank onto concrete; and "Keown v Coventry Healthcare NHS Trust" ([2006] EWCA Civ 39) where a child fell while climbing up the underside of a fire escape on hospital grounds.
OCCUPIERS LIABILITY ACT 1984
TOMLINSON V CONGLETON BC
MALONEY V TORFAEN COUNTY BC
KEOWN V COVENTRY HEALTHCARE NHS TRUST
England and Wales--1543-
Trespassers must shoulder the blame - 2006 - Estates Gazette (0626) 1 July 2006, 153(1) .
Looks at the current legal situation regarding liability for injured trespassers, concluding that occupiers are liable only if there is a danger arising from the state of premises and they are aware of both the danger and the trespass. Reviews recent cases pertaining to the Occupiers' Liability Act 1984. Refers to "Tomlinson v Congleton BC" ([2003] UKHL 47, Abs67008); "Maloney v Torfaen County BC" ([2005] EWCA Civ 1762), where a man took a shortcut home and fell from a sloping grass bank onto concrete; and "Keown v Coventry Healthcare NHS Trust" ([2006] EWCA Civ 39) where a child fell while climbing up the underside of a fire escape on hospital grounds.
OCCUPIERS LIABILITY ACT 1984
TOMLINSON V CONGLETON BC
MALONEY V TORFAEN COUNTY BC
KEOWN V COVENTRY HEALTHCARE NHS TRUST
England and Wales--1543-