< 1. Are you the occupier for the purpose of the Act?

< 2. Was the accident caused by a danger on the land?

Fegan v Highland Regional Council 2007 the claimant fell from a cliff on land controlled by the Council. She argued that the Council should have fenced the cliff edge. The Court held that an occupier was not expected to provide protection against an obvious danger on his land which arose from a natural feature such as a lake or a cliff. However, the decision may have been different if the case had involved a child and the lake was considered an "allurement" to which it would be reasonably foreseeable a child may be attracted.

Graham v East of Scotland Water Authority 2002, the Judge found that a reservoir and wall were not a danger, despite being man made because they were "well-established, permanent and familiar features of the landscape". Similarly in "special or unfamiliar hazard"


<> <> Cowan, something which would not be considered a danger in daylight may well become a danger in the dark. Another factor is the nature of the individuals who will be at the event. For example, certain features may not present a danger to an adult but might to a child.

< 3. Did you fail to take reasonable steps to avoid injury?

<> <> Cowan, the Court found that the occupier would have discharged its duty by having a member of staff clearly identify the correct route along with a clear instruction not to deviate from that route.


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