Occupier's Liability Flashcards
1
Q
Ashmore v Dublin Land Securities
A
- Examined the question of control taking into consideration two factors
i) The power the party has to regulate who enters the premises
ii) The authority that the party has to carry out the necessary repairs
2
Q
Wheat v Lacon
A
- D brewers owned pub
- Management of the business was contracted to a couple who occupied the first floor
- P husband was killed when descending the stairs from the first floor to the premises below
- Alleged that it happened because of poor lighting and lack of suitable handrail
- Held the brewers were occupiers as per legislation
- They still retained a degree of control of the first floor premises
- A defendant need not have full control over premises
3
Q
Keegan v Sligo County Council
A
- P was a tenant of property owned by defendant
- Brought claim after he slipped on a wet floor in a porch which was part of the entrance to his home
- Argued that the tiles were slippery when wet
- Court held that both the landlord and tenant were occupiers of the home
- No duty owed to from either party to the other
4
Q
Brady v Moore
A
- P fell from roof of a clubhouse owned by a GAA club
- Volunteered to remove slates from roof
- Fell through roof
- Club’s insurance did not cover injuries like this
- Tied to sue club, but not a legal entity
- Claim had to fail as, although he was a visitor, he was suing himself as he was a member of the club
- GAA club is not a company, so he would have to sue each member
5
Q
Arklow Shipping v Drogheda Port
A
- P’s ship was grounded on a sandbar at the mouth of the river Boyne having earlier loaded a cargo of cement at Drogheda Port
- Question was whether the defendant could be deemed as ‘occupier’ of ‘premises’
- Held that under Harbour’s Act 1996 it could be said that the defendant exercised de facto control over the entry to the port
5
Q
Vega v Cullen
A
‘there is no meaningful distinction between the common law duty of care and the statutory duty of care under the Occupiers Liability Act 1995’
6
Q
Healy v Fleming
A
- P slipped on a hill when attending a ‘point to point’ race meeting
- Held that such an accident had not happened since 1959 and the race should be an encouraged event
- No liability
7
Q
Deehan v Loughlinstown Inns
A
- P injured in pub when diving for ‘spot prize’ thrown into the crowd
- Claim failed as the actions were the plaintiff’s own and the defendant had taken reasonable steps to ensure safety
8
Q
Newman v Colgan
A
- P lost an eye when injured by shard of glass after a door in her boyfriend’s house had smashed
- Alleged that the boyfriend’s father had replaced the door with a less strong pane
- Shatter-proof glass should be used
- Claimed as a visitor, the duty of care was high
- Court held that ‘reasonable competent tradesman’ standard should be met in this instance
- Not that of a professional glazer, nor one of householder carrying out DIY
9
Q
Bourne Leisure v Marsden
A
- Family went to a park
- Mother was talking to neighbour
- two year old wandered off and found drowned later on
- Lakes were fenced off and map given to mother
- Held occupier was not liable as they had taken reasonable steps to ensure safety
10
Q
Byrne v Ardenheath Co
A
- Woman visited retail centre
- Decided to walk on grassy slope instead of path for shortcut
- Slipped and injured herself
- Sued for occupier’s liability
- Dismissed as she did not take ‘reasonable care’ of her own safety
11
Q
Power v Waterford County Council
A
- P injured herself when she tripped because of construction and layout of speedbumps on the road
- Claim dismissed
- Not looking directly at the road in front
12
Q
Tomlinson v Congleton
A
- P broke his neck and was paralysed as a result of diving into a shallow lake
- Held defendant attempted to prevent people from swimming in the lake
- Signs were erected
13
Q
The Calgarth
A
‘when you invite a person into your house to use the staircase, you do not invite him to slide down the bannisters, you invite him to use the staircase in the ordinary way in which it is used’
14
Q
Williams v TP Wallace Construction
A
- P was general manager for a builders’ provider company
- When he arrived on site, he expected to meet the architect to talk about guttering
- Asked to come back later as builders were on a break
- Although he alleged that a group of men brought him to the guttering site where he slipped from a ladder and injured himself
- However court said that he must have taken it upon himself to go to the site of the guttering to inspect it
- So, at the time of fall, he was no longer a visitor, but a trespasser
15
Q
Mulcahy v Cork County Council
A
- P was injured when he fell from boulders which were a feature of a green area adjoining his estate
- Not fenced off
- Had been in place for over 25 years
- Well known that the children from the area would play on them
- P broke his arm after falling from one and argued that he was a visitor
- Court dismissed
- This was an obvious risk
- ‘Large boulders do not represent a hidden danger or an unusual danger’
16
Q
Wall v Commissioner of Public Work
A
- P lived beside buildings that provided various government services
- Buildings were surrounded by a fence and locked outside working hours
- P injured while playing football in an enclosed area outside the building
- Was seen as a trespasser as there was no evidence that the area could be considered as an ‘allurement’
17
Q
Fitzgera;d v South Dublin County Council
A
- P suffered injury while playing football in common area adjoining his house
- Fell and glass was on the ground
- Question was whether he was a visitor or a recreational user
- Argued that a recreational activity had to be an organised and formal event/game
Held plaintiff was a recreational user
18
Q
Ryan v Office of Public Works
A
- Father tripped in bars of a twisty slide and injured his spleen while running to the assistance of his child who was stuck on top of monkey bars
- Claim against defendant
- Argued not recreational user as he was not playing
- Dismissed
- Recreational user should be extended to parents of children carrying out recreational activity
19
Q
Donoghue v Folkstone
A
- P diving in winter and struck his head on object in water
- No occupiers liability seen
20
Q
Rhind v Ashbury Water Park
A
- Diver injured by concealed object
- No occupiers liability found
21
Q
Weir Rodgers v SF Trust Ltd
A
- Lady walked along cliff to watch sunset
- As she got up, she fell and injured herself
- Firstly, found in her favour
- However, judge applied reckless disregard factors at reasonable care standard
- Should have been negligent standard
- SC held no occupiers liability
- Noted that reckless disregard was more than mere carelessness
Should have been obvious that the cliff face was dangerous
