Occupier's Liability Flashcards
Roles v Nathan
Two chimney sweeps ignored warnings about defective boiler and died, occupiers weren’t liable.
Ferguson v Welsh
District council hired contractors for work, they employed sub-contractors contrary to the agreement. Council weren’t liable.
Harvey v Plymouth CC
Harvey tripped over a poorly maintained fence while drunk and not having paid his taxi fare, held that he had an implied licence, however this only applied to the normal use of the land.
British Rail Board v Herrington
The defendant was aware of breach in fence, and that children regularly went through the fence to the tracks, owed a duty of care.
Wheat v Lacon
Pub was owned by brewers and run by manager. Held the relevant duties under the 1957 Act depended on circumstances, and in this case the brewer and manager were occupiers simultaneously. They owed a duty of care but had not breached it here.
Yates v National Trust
No duty owed by occupier to the employees of an independent contractor. Shouldn’t have a more onerous duty owed to employees of contractors than visitors under the OLA. Case where tree surgeon fell from tree.
Derby v National Trust
No duty to warn of an obvious risk. Signs hadn’t been put up to warn about swimming in pond, but NT were not liable as the risk was obvious.
Tomlinson v Congleton
No risk arose from state of the premises, risk arose as a result of the claimant’s own actions.
UCTA 1977
Cannot exclude liability for personal injury or death.
Bourne Leisure v Marsden
Danger of a lake to a small child should that child stray was obvious to parents.
