Occupier Liability Flashcards
Wheat v Lacon
Occupier is the owner of the premises (C’s husband fell down the stairs of hotel and died)
Laverton V Kiapasha
Need not be completely safe (Takeaway shop had wet floor and took reasonable car in making in R.safe)
Blyth v Birmingham WW
Reasonable man test (Co, failed to fix hydrants causing leak in C’s house)
Rochester C v Debell
Risk must be reasonably foreseeable (C tripped and fell on concrete outside cathedral)
Glasgow v Taylor
‘allurement’ to children (Child ate poisonous berries in public gardens)
Phipps v Rochester
Parents to supervise children (Child broke leg on D’s land)
Jolley v Sutton
damage must be RF (council failed to remove a boat, boys were playing on it crushed them)
Roles v Nathan
O not liable to tradesmen (Chimney sweeps died of monoxide poisoning, should have appreciated the risk)
Addie v Dumbreck
OLA 1957 no liability to trespasser (4 year old boy trespasser killed by wheel on D’s land)
BRB v Herrington
Common duty of care to trespassers under 1984 Act (6 year old boy playing on tracks electrocuted)
Rhind v Astbury
- D is aware of danger (C dived into shallow water, submerged fibre glass injured him)
Higgs v Foster
- T is in vicinity of danger (policeman was inspecting a garage and fell into a pit)
Ratcliff v McConnell
3.O may expect to offer some protection, not for obvious dangers (C dived into clearly labelled ‘shallow end’ and broke neck)
Tomlinson v Congleton
No need to spend lots of money for safety (C dived into shallow area even though ‘Warning signs: No swimming’
Haseldine v Daw
S.2(4B) it was reasonable for a contractor to do work (C killed in lift after specialist came to do repairs)
Bottomley v Todmorden CC
S.2(4B) reasonable steps to check contractor was competent (Club paid for contractor to do fireworks display that injured visitor)
Woodward v Mayor of Hasting
S.2(4B) reasonable steps to check to work was done properly (C fell down frozen steps at school and O had not checked)
Morris v Murray
Consent (C had voluntarily consented to the risk, by going on aircraft with intoxicated D)
Ogwa v Taylor
No consent if C is acting under public duty (C was a fireman and suffered severe burns during rescue mission)
Jayes v IMI
Contributory Negligence (D lost finger at work when cleaning machinery)
Rae v Mars
Warning notice - where danger is extreme it is not enough for there to be a warning but additional notice or barrier (C was injured by falling into deep hole inside dark shed)
Westwood v Post Office
Warning notice to unlawful visitors (C, a post office employee was injured when entering unlocked room without permission, door had notice saying authorised persons only)
