Occupiers liability

Question 1

Wheat v E Lacon

Answer 1

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

Question 2

Collier v Anglian Water Authority

Answer 2

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

Question 3

Harris v Birkenhead Corporation

Answer 3

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.

Question 4

Where does the definition of premesis come from

Answer 4

Common law

Question 5

Who is an occupier?

Answer 5

The person who had sufficient control over the part of the premises that caused C’s injuries

Question 6

What is premises?

Answer 6

Land itself to the boundaries and any fixed or moveable structure

Question 7

What is an invitee?

Answer 7

People who’s entry is in the material interest of the occupier - friends making a social call

Question 8

What is a licensee?

Answer 8

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

Question 9

Lowery v Walker

Answer 9

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

Question 10

What is the duty of care owed under the OLA 1957 act?

Answer 10

Reasonable man, occupier has to guard against the foreseeable.
Only while the visitor is carrying out authorised activity
To keep the visitor safe

Question 11

Fryer v Pearson

Answer 11

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

Question 12

What is the duty owed to children? 1957

Answer 12

Occupiers must be prepared for children to be less careful than adults, the premises must be reasonably safe for a child of that age.

Question 13

Moloney v Lambeth LBC

Answer 13

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.

Question 14

Liddle v North Riding CC

Answer 14

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

Question 15

Glasgow Corp v Taylor

Answer 15

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

Question 16

Jolley v Sutton LBC

Answer 16

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

Question 17

Phipps v Rochester Corp

Answer 17

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

Question 18

Bourne Leisure v Marsden

Answer 18

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

Question 19

Roles v Nathan

Answer 19

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

Question 20

Salmon v Seafarers restaurants

Answer 20

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

Question 21

What are the three criteria for independent contractors s2(4)

Answer 21

• 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

Question 22

Woodward v Mayor of Hasting

Answer 22

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

Question 23

Ferguson v Welsh

Answer 23

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

Question 24

Haseldine v Daw

Answer 24

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

Question 25

Gwilliam v West Hertfordshire NHS trust

Answer 25

Trust hired a splat wall. C was injured because it was negligently assembled by contractors. The contractors had insurance but it had ran out four days beforehand. The court held that there was a duty to check insurance

Question 26

How can an occupier avoid liability

Answer 26

Warning signs
Exclusion causes
Genera defences

Question 27

Rae v Mars

Answer 27

C was injured after falling in a deep pit in the entrance of a dark shed
The warning sign was ineffective as the threat was so extreme

Question 28

White v Blackmore

Answer 28

A man was killed at a Jalopy car race as he was catapulted by a safety rope. Although he consented to dangerous Jalopy racing he didn’t consent to being catapulted

Question 29

Burnett v British waterways board

Answer 29

A man working on a barge was injured when the tow rope snapped due to ads negligence, there was a sign saying “those who use it do so at their own risk”
C had no choice but to be on the premises when it was being towed

Question 30

English heritage v Taylor

Answer 30

Mr and Mrs Taylor were at a castle owned by D, there were steep steps with no signs and a moat at the bottom. Mrs Taylor scooter down on her bum but mr Taylor walked and fell into the moat

Cont negligence as he should have scooted down

Question 31

Addie v Dumbreck

Answer 31

4 yr old crushed to death trespassing on a mine site

No duty owed as he was a trespasser
HoL,2/5 judges dissented

Question 32

BRB v Herrington

Answer 32

6 yr old got through gap leading to the railway that had been reported 7 weeks before. He was severely burnt

The boy won as they had statutory authority to fix the fence

Question 33

What does the OLA 1984 act cover?

Answer 33

Death or injury, not property damage

Question 34

OLA 1984. The occupier will only owe a duty under s1(3) if they:

Answer 34

We’re aware of the danger or had reasonable grounds to believe it exists

Knows or has reasonable grounds to believe that the other is or will be in the vicinity of the danger

The risk is one against which he may be reasonable expected to guard against

Question 35

Rhind v Astbury water park

Answer 35

C was a 19 yr old ignored signs saying not to enter a lake and dived in to get a football. He got his neck on some fibre glass and was paralysed

No liability as they weren’t aware of the danger

Question 36

Higgs v Foster

Answer 36

A police officer fell into an uncovered inspection pit behind coaches on Ds property when investigating a crime

Claim failed as there was no reason to suspect someone would be near the inspection pit

Question 37

Tomlinson v Congleton BC

Answer 37

People ignored no swimming signs in a water park, the council put in plans to make it less attractive to swimmers. The plans weren’t in action yet but Tomlinson was 18 and ran and dived into the lake and hit his neck on the bottom so was paralysed.

There was a plan in motion and measures in place to guard against this so not liable

Question 38

Ratcliff v McConnell

Answer 38

College student and friends broke into college after hours after drinking and dived into the swimming pool, there were signs prohibiting entry and stating it was the shallow end, he was paralysed.

Claim failed due to precise warning signs

Question 39

Westwood v The post office

Answer 39

An employee fell through a def Croce trap door in motor room causing injuries. He ignored signs saying “only authorised attendant is permitted to enter” the notice was a sufficient warning for an intelligent adult so D not liable