Trespassers must shoulder the blame
Language: English Series: Estates Gazette ; (0626) 1 July 2006, 153(1)Publication details: 2006Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
|---|---|---|---|---|---|---|---|
| Journal article | London Journal article | L134078 (Browse shelf(Opens below)) | 1 | Available | 134078-1001 |
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.