Evaluation of Children

• Protects children 1. s.2(3)(a)

  • higher and special additional duty of care owed
  • higher standards that the occupier should meet
• Protects children 2. allurements

  • if the occupier is aware, then they will be liable
  • expected to protect against it
  • Taylor v Glasgow Corporation
• Doesn't protect children 1. supervision

  • young children should be supervised, occupier not liable
  • however, there is no set age
  • case law is inconsistent
  • Phipps - 5 and 7, parents were liable
  • Moroney - 4 year old, occupier liable
• Doesn't protect children 2. foreseeability

  • unforeseeable then the occupier will not be liable
  • doesn't need to protect from everything
  • not everything is foreseeable
  • broad view
  • Jolley v Sutton LBC