Occupier's Liability 1957 Cases Flashcards
(12 cards)
Wheat v E Lacon & Co
Legal Principle: There can be more than one occupier of premises at any one time.
Brief Facts: Mr Wheat fell down the stairs and died - no light and handrail ended early.
Harris v Birkenhead Corporation
Legal Principle: Council were occupiers despite the fact that they had not taken possession of the premises. They had the legal right of control.
Brief Facts: A child was injured after entering an unsecured house and falling out of an upstairs window.
Lowery v Walker
Legal Principle: Permission can be implied in a number of situations.
Brief Facts: C had implied permission to be in the farmers unfenced field as people had used it for 35 years.
McGeown v Northern Ireland Housing Executive
Legal Principle: A person using a right of way was not covered by either Occupiers Liability Acts since they were not a visitor nor a trespasser.
Brief Facts: D owned a housing estate and C lived in on the the houses. C was injured after tripping on a public footpath between the houses.
The Calgarth
Legal Principle: Duty only applies whilst visitors are using the premises for the purposes for which they are invited or permitted to be there.
Brief Facts: Scrutton LJ said: ‘When you invite a person into your house to use the stairs, you do not invite him to slide down the banisters.’
Glasgow Corporation v Taylor
Legal Principle: Allurements - The law accepts that children may be attracted onto land or premises.
Brief Facts: Child died as a result of eating berries on D’s premises - the berries were an allurement so should have been protected against.
Jolley v Sutton LBC
Legal Principle: The Council could foresee that children might play on the boat and suffer injury, it was not necessary for them to foresee the exact nature of the accident.
Brief Facts: A 14 year old boy was paralysed after a boat collapsed while he was on it.
Phipps v Rochester Corporation
Legal Principle: In some cases, D is entitled to assume that reasonable parents would not allow young children to play unsupervised.
Brief Facts: A 5 year old bot fell into a trench and broke his leg while he and his 7 year old sister trespassed on land where D was building houses.
Roles v Nathan
Legal Principle: Persons exercising a calling must guard against risks associated with their trade.
Brief Facts:Two chimney sweeps died after inhaling carbon monoxide while cleaning the flue of a boiler that was lit at the time.
Haseldine v Daw
Legal Principle: D not expected to check work of Independent Contractor if too technical.
Brief Facts: D was held not liable for C’s injuries as he knew little about the workings of hydraulic lifts and so it was entirely reasonable for him to employ an expert in that area.
Darby v National Trust
Legal Principle: Warning signs must be sufficient to keep the claimant reasonably safe.
Brief Facts:C’s husband was killed when he drowned whilst swimming in D’s pond - danger was obvious, no need for warning signs.
Rae v Mars (UK) Ltd
Legal Principle: Where danger is extreme or unusual, it not enough for there to be a warning, a barrier or additional notice should be placed.
