- Created by: erw16
- Created on: 15-12-18 18:12
The Occupier's Liabilty Act 1984 applies to non-visitors or trespassers, unlike the 1957 Act.
A trespasser is someone who enters land or premises without permission. A person who enters the land as a vistor, can then becone a trespasser, if they go in an area on the land in where they do not have permission to go, as in Tomlinson v Congleton Borough Council.
Under S.1(3) of the1984 Act, a duty will be owed by a occupier to a trespasser if the conditions in this section are met.
"An occupier of premises owes a duty to another... if (a) he is aware of the danger or has reasonable grounds to believe that it exists as in Ratcliff v McConnell and Another(b) he knows or has reasonable grounds to believe that the other is in vicinity of the danger concerned or…