CHILDREN AND s1(1)(a) OF THE OCCUPIERS’ LIABILITY ACT 1984

Keown v Coventry Healthcare NHS Trust [2006] EWCA Civ 39, 2 February 2006

Rachel Kapila

In Keown v Coventry Healthcare NHS Trust [2006] EWCA Civ 39, 2 February 2006, the Court of Appeal held that, for the purposes of s1(1)(a) of the Occupiers’ Liability Act 1984, it is possible that premises which are not dangerous from the point of view of an adult can be dangerous for a child. However, the age of a trespasser will not usually affect the question whether there is a danger which is attributable to the state of the premises. If there is a danger attributable to the state of the premises, thus giving rise to a potential duty, the content of that duty may vary according to whether the trespasser is a child or an adult. But until that point is reached, then in the general run of cases, the age of the trespasser is not relevant.