Occupiers Liability

Question 1

Wheat v E Lacon & Co. (1966)

Answer 1

OCCUPIER:
D owned a brewery which also acted as an inn. One time the occupants of one of the rooms fell down the stairs as a light was broken and the handrail was too short. He fell down and died. Held by the court that the current occupiers of the pub (The managers) were liable as they could have prevented it by changing the lightbulb.

Question 2

Harris v Birkenhead Corporation (1976)

Answer 2

OCCUPIER:
Local council had issued a compulsory purchase order on a house that allowed them to take possession 2 weeks later. A child was injured in that time after entering the house and falling out the window. CoA held that council were occupiers despite they had not taken possession.

Question 3

Lowery v Walker (1911)

Answer 3

IMPLIED PERMISSION:
For 35 years, people used farm to cut to train station. the owner of the farm had asked them not to but had taken no action. He put a wild horse in the field that attacked someone walking. Courts held that claimant had implied permission to be there so he was a visitor.

Question 4

McGeown v Northern Ireland Housing Executive (1994)

Answer 4

RIGHTS OF WAY:
Ds owned a housing estate and C lived in a terraced house. C was injured when using a footpath between the houses. HoL held that people using a right of way are not covered by occupiers liability act.

Question 5

Glasgow Corporation v Taylor (1922)

Answer 5

ALLUREMENTS:
7 year old was attracted to poisonous berries on a bush in a park. Bush was unfenced and it had no warning. D’s were liable when the child died as the colourful berry was classed as an allurement. They should have secured the area.

Question 6

Phipps v Rochester Corp (1955)

Answer 6

ALLUREMENTS:
5 year old fell into a trench and broke his leg after sneaking into a building site. D’s were not liable as reasonable parents would have taken care of the child.

Question 7

Roles v Nathan (1963)

Answer 7

EXCERSISING A CALLING:
2 chimney sweeps died after carbon monoxide poisoning. Occupier was not liable as it was up to the chimney sweeps to know what they’re doing.

Question 8

Haseldine v Daw (1941)

Answer 8

INDEPENDENT CONTRACTORS:
C was injured in a visit to C’s flat. Lift malfunctioned and fell. Lift work was carried out by independent contractors. D was not liable as he has no idea how to fix the lift and could not check it.

Question 9

Woodward v Mayor of Hastings (1945)

Answer 9

INDEPENDENT CONTRACTORS:
C was a pupil who was injured after falling on snow covered step. The occupier was liable as it was easy to check that the step was swept correctly

Question 10

Darby v National Trust (2001)

Answer 10

WARNINGS:
C’s husband was killed when he drowned in D’s pond. D’s were not liable as they had no duty to warn him as the risk was obvious.

Question 11

Tomlinson v Congleton Borough Council & Others (2004)

Answer 11

TRESPASSER:
18 year old C was paralysed after diving into lake and hitting head. D’s had tried to prevent people by jumping in with signs and wardens and leaflets. HoL found D’s not liable as the lake wasn’t dangerous. The claimant’s actions were.

Question 12

Ratcliff v McConnell & Another (1998)

Answer 12

DUTY:
C was paralysed after diving into shallow end of a pool after drinking. Pool was closed, gate was locked and there were signs showing the dangers and forbidding swimming at night. D’s were not liable as dangers were obvious.

Question 13

Donoghue v Folkestone Properties Ltd (2003)

Answer 13

DUTY:
C was paralysed after diving from a slipway at night. The harbour owners had no idea that people were swimming at night so were not liable as it was the middle of winter.