trespasser- unkown or objected to
A person can enter a land as a visitor and then become a trespasser
Tomlison v CBC- paralysed/lake -state of lake was not dangerous, action of claimant was
Duty if:
a)aware of danger or reasonable grounds to believe it exists, Ratcliff- danger was obvious, pool at night plus signs
b) knows or has reasonable grounds to believe the other might or will encounter the danger, Donoghue v Folkstone- D could not have expected anyone to swim in harbour in winter
c) The risk is one against which, in all of the circumstances of the case, they may reasonably expected to offer the other some protection
Courts consider the likelihood of harm, practicality of precausions and potential seriousness of injury
does not cover damage to property
warnings/consent
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