How 57 Act protects lawful visitors (not protect occupiers)

• Protects lawful visitors 1. Children

  • special additional duty towards children
  • mostly protects lawful visitors
  • s.2(3)(a)
• Protects lawful visitors 2. Wide Interpretation

  • wide definition for occupier (Wheat v Lacon)
  • 'anybody in possession or control of the land'
  • wide definition for premises (s.1(3)(a) and Wheeler v Copas)
  • 'a person occupying or having control over any fixed or moveable structure including any vessel, vehicle or aircraft' - includes ladders
• Not protecting lawful visitors 1. Failed Claims

  • unfair
  • there are ways to avoid compensation culture
• Not protecting lawful visitors 2. Compensation Culture

  • trips, slips and falls - everyday occurrences (Dean and Chapter of Rochester Cathedral v Debell)
  • must be real source of danger before foreseeability
  • lawful visitor must take responsibility - stops the floodgates as everyone would try to sue which will also reduce pressure on court system.
• Not protecting lawful visitors 3. Obvious dangers

  • no warning needed to protect against obvious risks/dangers
  • no duty to protect
  • Darby v National Trust