Occupiers liability Flashcards
Wheat v E Lacon
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
Collier v Anglian Water Authority
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
Harris v Birkenhead Corporation
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.
Where does the definition of premesis come from
Common law
Who is an occupier?
The person who had sufficient control over the part of the premises that caused C’s injuries
What is premises?
Land itself to the boundaries and any fixed or moveable structure
What is an invitee?
People who’s entry is in the material interest of the occupier - friends making a social call
What is a licensee?
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
Lowery v Walker
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
What is the duty of care owed under the OLA 1957 act?
Reasonable man, occupier has to guard against the foreseeable.
Only while the visitor is carrying out authorised activity
To keep the visitor safe
Fryer v Pearson
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
What is the duty owed to children? 1957
Occupiers must be prepared for children to be less careful than adults, the premises must be reasonably safe for a child of that age.
Moloney v Lambeth LBC
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.
Liddle v North Riding CC
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
Glasgow Corp v Taylor
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
Jolley v Sutton LBC
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
Phipps v Rochester Corp
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
Bourne Leisure v Marsden
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
Roles v Nathan
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
Salmon v Seafarers restaurants
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
What are the three criteria for independent contractors s2(4)
- 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
Woodward v Mayor of Hasting
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
Ferguson v Welsh
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
Haseldine v Daw
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
Gwilliam v West Hertfordshire NHS trust
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
How can an occupier avoid liability
Warning signs
Exclusion causes
Genera defences
Rae v Mars
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
White v Blackmore
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
Burnett v British waterways board
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
English heritage v Taylor
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
Addie v Dumbreck
4 yr old crushed to death trespassing on a mine site
No duty owed as he was a trespasser
HoL,2/5 judges dissented
BRB v Herrington
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
What does the OLA 1984 act cover?
Death or injury, not property damage
OLA 1984. The occupier will only owe a duty under s1(3) if they:
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
Rhind v Astbury water park
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
Higgs v Foster
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
Tomlinson v Congleton BC
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
Ratcliff v McConnell
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
Westwood v The post office
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
