Occupiers Liability Act 1957 Flashcards
What case defines what an occupier is?
Wheat v Lacon
Wheat v Lacon
The defendant owned a pub run by a manager. The manager took in paying guests, who stayed in rooms on the first floor of the property. One of the paying guests fell down the staircase and was killed. It was held that both the defendant and the manager were occupiers as they had control over the premises.
What case is used as an example of the extent of the occupiers duty?
Lewis v Six Continents
Lewis v Six Continents
A hotel owner failed to ensure that an upstairs window had restricted openings did not breach his duty when the claimant who was an adult man fell out the window.
What cases are examples of standard of care?
Cunningham v Reading Football Club
Murphy v Bradford Metropolitan Council
Clare v Perry
Cunningham v Reading Football Club
The claimant police officers were working during a football match. They were injured when members of a crowd threw lumps of loose masonry at them. It was discovered that the stands were in poor condition which led to loose lumps of masonry being easily used as missiles. It was held that the club was in breach of its duty. It was reasonably foreseeable that the crowd would be violent.
Murphy v Bradford Metropolitan Council
A school caretaker had cleared snow twice from a notoriously slippery path before 8:30am. The claimant was injured when they fell. It was held that the school should’ve taken more care. The nature of the path, the numbers of people using it and the severity of the weather demanded more care should’ve been taken.
Clare v Perry
A guest at a defendant’s hotel, chose to exit the hotel one evening by climbing over a perimeter wall instead of using the official exit. She had not realised there was a six-foot drop and fell suffering serious injuries. She sued and it was held that the defendant was not liable as the claimant had behaved in a foolish way that was not reasonable foreseeable for the defendant to guard against.
What case is an example of risk assessment and compliance?
Bowen v National Trust
Bowen v National Trust
A tree branch fell, without warning, on a group of school children. Three were injured and one died. It was held that the National Trust were not liable as the tree inspectors took reasonable care when assessing safety in the park and the injury was not reasonably foreseeable.
What cases are used as examples of occupiers owing a higher duty of care to children?
Glasgow Corporation v Taylor
B v JJB Sports
Glasgow Corporation v Taylor
Where a child died after eating some berries in the botanical gardens in Glasgow. The corporation were liable for not fencing off or placing warning signs near the shrub.
B v JJB Sports
Where the claimant, a boy aged 10, slipped on a wet floor between indoor football pitches and sustained head injuries. The premises were owned by the defendant. It was held that the defendant was liable under the act as it was foreseeable that the floor might be damp after cleaning and failed to allow children being less careful than adults. Signs were insufficient to guard against enthusiastic children.
What cases are examples of it being reasonable to assume that very small children will be supervised by adults?
Phipps v Rochester Corporation
Bourne Leisure Ltd v Marsden
Phipps v Rochester Corporation
A 5 year old boy was injured when he fell into a trench on the defendant’s land. He was not being supervised by an adult. The Corporation was not liable as an occupier is entitled to assume that prudent parents would not allow their children to go unaccompanied to unsafe places.
