S1(1)(a)- An occupier owes a duty to
“persons other that his visitors” to
A person with permission to enter
may become a trespasser if he
exceeds the limits of that
permission to enter land.
This can be broken up into 3
categories:
1., Limits as to area
2. Limits as to time-
3. Limits as to purpose
Limits as to Area- A person who is
invited on to property may be a
trespasser if entering a restricted
area.
-The court made an exception in…
Pearson v Coleman Brothers (1984)
The little girl was not a trespasser, as
the area was not adequately marked
off and it was foreseeable a child
would not need the warning.
take such care as is “reasonable in all
the circumstances to see that they
do not suffer injury in the premises”.
1st: Occupiers
Wheat v Lacon (1966)
Occupiers Liability
Act 1984
-Trespassers
Limits as to Purpose- A visitor
2nd: Trespasser
invited to premises for a
particular purpose who then
decides to undertake a different
activity risks becoming a
trespasser.
Limits as to time- A Calgrath (1927)- When you invite
visitor who stays longer a person into your house to use
than they should become the stairs, you do not invite them
a trespasser. to slide down the banisters.
Wood (1843) Tomlinson v Congleton BC (2004)
C visited a country park owned by
D and chose to dive into a lake
despite signs forbidding
swimming.
At that point C became a
trespasser as he was undertaking
an activity that was not
permitted.
 S1(3)-An occupier owes a duty of care in
respect of a danger on his premise if:

(a)He is aware if the danger or has

reasonable grounds to believe that it
exists

(b) He knows or has reasonable grounds

to believe the other is in the vicinity of
the danger or may come into the vicinity
of the danger (White 1990)
S1(1)(a)- The claim must arise from the
(c) The risk is one in which in all the
dangerous state of the premises or
circumstances of the case, he may
things be done or omitted to be done on
reasonably be expected to offer the
them. (Coventry NHS Trust (2006)
other some protection. (Donoghue v
Folkstone Properties 2003)

3rd:
Precondition
s

Occupiers Liability
Act 1984
-Trespassers

4th: Duty
Ratcliff v McConnell (1999)
S1(1)(a)
There was no requirement to warn
S1(4)- The occupier owes a duty
adult trespassers of obvious risks
under the s1(4) to take such care as
such as a swimming pool having a
is reasonable in all the circumstances
shallow end.
to see that the trespasser does not
suffer injury on the premises
because of the danger
Platt (1997)
C, a child was killed when the
derelict building in which he was
trespassing collapsed. D had
secured the building with an eight-
foot-high-metal fence with wooden
posts sunk in concrete.
-Held: D was not liable as there was
nothing more they could reasonably
have done.
Reasonable steps to warn or
discourage
S1(5) Occupiers Liability Act (1984)
The occupier may be able to
discharge his duty by taking such
steps as are responsible in all the
circumstances of the case to give
warning of the danger concerned or
to discourage persons from incurring
the risk.

Discharging the Duty

-Has D taken
reasonable care?

Tomlinson v Congleton BC (2004):

Occupiers Even if a duty had been owed, the
Liability Act occupier, by putting up signs
forbidding swimming, had done
1984 enough to discharge the duty.

-Trespassers -They were not expected to spend a

fortune preventing visitors being
injured by the obvious danger from
the lake.