An Accident of Nature or Legal Liability?
Best Answer: C
Robert entered the park by climbing over a locked gate after closing hours. He therefore entered without permission and is an unlawful visitor. Any claim must therefore be considered under the Occupiers’ Liability Act 1984 rather than the Occupiers’ Liability Act 1957.
The Park Authority knew of the danger posed by the snakes and therefore potentially owed a duty under the 1984 Act. However, it had responded by erecting warning signs in the relevant area. The key issue is whether the Park Authority took reasonable steps to protect persons from the danger.
The fact that Robert did not see the warnings resulted from his decision to enter unlawfully through a route that bypassed the normal entrance. On these facts, the Park Authority is likely to argue successfully that it took reasonable steps to address the risk.
Accordingly, Robert may bring a claim under the 1984 Act, but it is unlikely to succeed.
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Why the Other Options Are Incorrect
Option A is incorrect because occupiers are not required to eliminate every danger on their land; the duty is one of reasonable care.
Option B is incorrect because knowledge of a danger and the occurrence of injury do not automatically establish liability. The issue is whether the occupier took reasonable steps to protect persons from the danger. The warning signs are strong evidence that it did.
Option D is incorrect because Robert is not automatically barred from bringing a claim merely because he failed to read the warning signs. The question is whether the Park Authority owed and breached a duty under the 1984 Act. His conduct is highly relevant to liability, but it does not prevent him from bringing a claim.
Option E is incorrect because a person does not remain a lawful visitor simply because he enters land for recreation. By climbing over a locked gate after closing hours, Robert exceeded any permission granted by the occupier and became an unlawful visitor.
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