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10 Cards in this Set
- Front
- Back
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Pre-1995 Act
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No duty of care owed to trespassers. Only a duty not to act with reckless disregard.
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Purthill v Athlone Urban District Council
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Boy playing with stolen detonator in back garden loses his right eye. D says he cannot succeed as he is a trespasser. SC allows him to win - duty of care not abrogated to trespassers.
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McNamara v ESB
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Childer playing on high tension wires. Boy injured. Fencing was being repaired, easy entrance. Boyz were known to play in the area, foreseeable that this would happen.
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Occupiers' Liability Act 1995
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Types of entrants: Visitor, Recreational User, Trespasser.
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Duty Owed
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Visitor - there at the invitation or permission of occupier. common law duty of care in negligence.
Recreational user - present with or without the permission of the occupier to engage in rec activity. not to be treated with reckless disregard, not to be intentionally injure. Trespasser - anyone other than these lads. same duty as rec user. Criminal trespasser only owes the duty not to be intentionally injure. |
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Reckless Disregard
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S4(2) of the Act deals with reckless disregard. Considerations:
1. Did or ought occupier know about danger on the land. 2. Did he know or ought he to have known about the presence of the party on premises. 3. Near danger. 4. Nature of any warning. 5. Difficulty involved in negating danger. 6. Conduct of the entrant. 7. Was danger one that ought to be protected against. 8. Supervision of another. |
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Meaning of "reckless disregard"
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Addie & Sons Ltd v Dumbreck - "willful act" with something more than absence of reasonable care.
Herrington v British Railways Board - conscious disregard of the consequences. |
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Weir-Rodgers v SF Trust
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Plaintiff falls down cliff. Gets there through damaged fence. HC classifies her as a rec user, therefore there has been reckless disregard. SC this definition of reckless disregard to favourable toward plaintiff. Should have been aware of the risks. Putting a sign by the cliff would require considerable anomalies. Autonomy of the entrant.
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Raleigh v Iarnrod Eireann
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Mans leg cut off by train. Fell asleep on tracks. Cannot be expected to foresee such acts of 'folly' or 'stupidity'
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Autonomy
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Donoghue v Folkestone Properties ltd. - swimming in harbour, hits head disabled.
Tomlinson v Congleton Borough Council - same thing, signs erected in this instance. Mulligan v Coffs Harbour City Council - swimming in creek hits head. Inherent danger of the activity - focus on the autonomy of the individuals. Claims fail. |
