WitrynaAs in British Railways Board v Herrington [1972]. Most obviously trespassers, but also includes ramblers by virtue of s 1(4) of the OLA 1957. Defi ned negatively—‘non-visitors’. As with the 1957 Act,˜the risk of injury must be due to the state of the premises rather than as a result˜of an activity on them (Revill v Newberry [1996]). WitrynaHerrington v British Rail Board; 6 year old child was badly burnt when he walked on an electric railway line. It was held that there was a limited duty owed when the occupier knew of the danger, and the likelihood of the trespass. 1984 act only, allows the trespasser to claim for personal injury and not for any damage to any property. ...
British Railways Board v Herrington by Alex Wong - Prezi
WitrynaBritish Railways Board v Herrington [1972] AC 877 – Law Journals Case: British Railways Board v Herrington [1972] AC 877 Fundamental Dishonesty: A forecast … http://www.safetyphoto.co.uk/subsite/case%20abcd/british_railways_board_v_Herrington.htm teachers desk clip art png
Cases of the House of Lords - Open University
Witryna20 wrz 2024 · British Railways Board v Herrington. In 1972, the House of Lords made an important ruling on occupier’s liability and trespassers’ rights. The case in question involved a six-year-old boy who had wandered from a local park onto some train tracks. This was made possible as a result of a sizeable gap in the fence surrounding the tracks. WitrynaHerrington v British Railways Board [1972] AC 877, The House of Lords overruled (modified) Addie v Dumbreck [1929] AC 358. In Addie, the House of Lords had held that an occupier of premises was only liable to a trespassing child who was injured by the occupier intentionally or recklessly. Witryna(British Railways Board v Herrington). An occupier does not owe a duty in relation to property damage (cf OLA 1957, s 1(3)(b)). ˜ — Application of defence of consent or … teachers desk background