Tort Occupiers Liability Flashcards
Wheat V Lacon (1966)
C and family stayed in a public house and her husband died while falling down the stairs. Stairs were steep and narrow and the handrail stopped two steps from the bottom with no light.
C sued the brewery company who owned the freehold of the house and the managers of the pub, who occupied the pub as a license.
It was held that D’s owed a duty of care as it is possible to have more than one occupier. There is no requirement of physical occupation but Lacon was found not in breach as changing the bulb was the managers responsibility.
British Rail board V Herrington (1972)
A child was burnt while trespassing on an electrified railway through vandalized fencing. British Rail were aware of the gaps and that children played in the area.
HoL published a report that established a “common duty of humanity” was owed to trespassers
What are the rules for OLA 1984
The Occupier owes a duty of care if:
He is aware of danger
He reasonably believes people are in the vicinity of danger
The risk requires protection
There is personal injury (N/A for property damage)
