Occupiers liability Flashcards
(39 cards)
Wheat v E Lacon
Manager of a pub let out rooms ever tho he had no proprietary interest. A paying guest fell down the unlit stairs.
The court said both the manager and his employers could be occupiers.
Not liable as vandals had removed the lightbulb
Collier v Anglian Water Authority
C was injured after slipping on a broken sea wall. The water authority were liable rather than the council because they were responsible for sea defences
Harris v Birkenhead Corporation
4 year old injured in an unboarded empty house by falling from a second floor window.
Even tho the council had not yet taken possession of the house they were liable.
Where does the definition of premesis come from
Common law
Who is an occupier?
The person who had sufficient control over the part of the premises that caused C’s injuries
What is premises?
Land itself to the boundaries and any fixed or moveable structure
What is an invitee?
People who’s entry is in the material interest of the occupier - friends making a social call
What is a licensee?
People who’s entry is to the material interest of the occupier I.e customers. Anyone with permission to be on the premises for whatever purpose
Lowery v Walker
C was injured by a horse while using a short cut through Ds field. It had been used as a short cut for 35 years by the public and nothing had been done to stop this, he was also aware the horse was dangerous.
D liable as license was implied
What is the duty of care owed under the OLA 1957 act?
Reasonable man, occupier has to guard against the foreseeable.
Only while the visitor is carrying out authorised activity
To keep the visitor safe
Fryer v Pearson
Family visitor injured by a needle while kneeling on the floor. The occupiers had not breached their duty, there was nothing to suggest they knew the danger was there or had created it
What is the duty owed to children? 1957
Occupiers must be prepared for children to be less careful than adults, the premises must be reasonably safe for a child of that age.
Moloney v Lambeth LBC
4 year old injured when he fell down a gap in railings guarding a stairwell.
Liable as while an adult wouldn’t get through the gap it was large enough for a child.
Liddle v North Riding CC
A 7 yr old injured himself jumping off a mound of soil
A 7 yr old would know this was dangerous and had been warned several times to stay away from it so not liable
Glasgow Corp v Taylor
7 yr old died after eating poisonous berries from a botanic garden, they were guarded by a wooden fence but easily accessible to the public
It was obviously an allurement, the defendants should have done more to protect against the danger
Jolley v Sutton LBC
14 yr old paralysed trying to fix a broken boat left there by the council
They were liable as the boat should have been removed, it was easily prevented
Phipps v Rochester Corp
5 yr old fell over after entering unfenced building site. The court distinguished between big and little children and said that very small children should be supervised by adults
Bourne Leisure v Marsden
Holiday park, two year old wandered off and managed to get round a fence into a pond nd drown. The high court allowed the claim but the CoA reversed it, they said that it would have been impractical to fence off the pond even further and the duty to make the park safe doesn’t guard against every risk
Roles v Nathan
CoA refuses to impose liability on occupier when chimney sweeps died after inhaling carbon monoxide fumes. The sweeps should have accepted the advice from the occupiers to turn the boilers off
Salmon v Seafarers restaurants
Chip fryer was left on overnight and caught fire
C was a firefighter who was injured when the explosion threw him off a ladder and onto the ground.
Occupiers we’re liable as without their negligence it wouldn’t have happened
What are the three criteria for independent contractors s2(4)
- it must have been reasonable for the occupier to have entrusted the work to the contractor
- must have made sure the contractor was competent
- if possible, the occupier checked the work
Woodward v Mayor of Hasting
Defendant school hired cleaner to clear snow from stairs, c was badly injured after slipping on them
Not necessary to hire cleaners to get snow off steps
Ferguson v Welsh
Council hired a competent contractor who hired more who hired the claimant who was injured. Council not liable as they had made sure the initial contractors were liable
Haseldine v Daw
The lift fell to the ground and injured C, it had recently been serviced.
Occupiers wouldn’t be expected to check such technical work,not liable
