Occupier Liability

Question 1

Wheat v Lacon

Answer 1

Occupier is the owner of the premises (C’s husband fell down the stairs of hotel and died)

Question 2

Laverton V Kiapasha

Answer 2

Need not be completely safe (Takeaway shop had wet floor and took reasonable car in making in R.safe)

Question 3

Blyth v Birmingham WW

Answer 3

Reasonable man test (Co, failed to fix hydrants causing leak in C’s house)

Question 4

Rochester C v Debell

Answer 4

Risk must be reasonably foreseeable (C tripped and fell on concrete outside cathedral)

Question 5

Glasgow v Taylor

Answer 5

‘allurement’ to children (Child ate poisonous berries in public gardens)

Question 6

Phipps v Rochester

Answer 6

Parents to supervise children (Child broke leg on D’s land)

Question 7

Jolley v Sutton

Answer 7

damage must be RF (council failed to remove a boat, boys were playing on it crushed them)

Question 8

Roles v Nathan

Answer 8

O not liable to tradesmen (Chimney sweeps died of monoxide poisoning, should have appreciated the risk)

Question 9

Addie v Dumbreck

Answer 9

OLA 1957 no liability to trespasser (4 year old boy trespasser killed by wheel on D’s land)

Question 10

BRB v Herrington

Answer 10

Common duty of care to trespassers under 1984 Act (6 year old boy playing on tracks electrocuted)

Question 11

Rhind v Astbury

Answer 11

1. D is aware of danger (C dived into shallow water, submerged fibre glass injured him)

Question 12

Higgs v Foster

Answer 12

2. T is in vicinity of danger (policeman was inspecting a garage and fell into a pit)

Question 13

Ratcliff v McConnell

Answer 13

3.O may expect to offer some protection, not for obvious dangers (C dived into clearly labelled ‘shallow end’ and broke neck)

Question 14

Tomlinson v Congleton

Answer 14

No need to spend lots of money for safety (C dived into shallow area even though ‘Warning signs: No swimming’

Question 15

Haseldine v Daw

Answer 15

S.2(4B) it was reasonable for a contractor to do work (C killed in lift after specialist came to do repairs)

Question 16

Bottomley v Todmorden CC

Answer 16

S.2(4B) reasonable steps to check contractor was competent (Club paid for contractor to do fireworks display that injured visitor)

Question 17

Woodward v Mayor of Hasting

Answer 17

S.2(4B) reasonable steps to check to work was done properly (C fell down frozen steps at school and O had not checked)

Question 18

Morris v Murray

Answer 18

Consent (C had voluntarily consented to the risk, by going on aircraft with intoxicated D)

Question 19

Ogwa v Taylor

Answer 19

No consent if C is acting under public duty (C was a fireman and suffered severe burns during rescue mission)

Question 20

Jayes v IMI

Answer 20

Contributory Negligence (D lost finger at work when cleaning machinery)

Question 21

Rae v Mars

Answer 21

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)

Question 22

Westwood v Post Office

Answer 22

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)