Children - common duty of care

• How does the duty of care change when dealing with children?

  S2 3(a) OLA 1957:

  • occupiers must be prepared for children to be less careful than adults
  • premises must be reasonably safe for a child of that age
• How does the liability of the occupier change depending on the supervision of the change?

  Where young children are injured the parent or carer should be supervising the child, reducing the liability of the occupier, as seen in Phipps v Rochester Corporation:

  • there's no specific age where this principle ceases to operate, be reasonable when applying
• How does the standard of care change when dealing with children?

  The standard of care is measured against the age of the child:

  • occupier must guard against any 'allurement or attraction' that places a child visitor at risk of harm.
  • as seen in Glasgow Corporation v Taylor
  • the potential for damage or injury occurring as a result of the allurement must be foreseeable for the occupier to be liable
  • as seen in Jolley v London Borough of Sutton