occupiers liability cases

• Key Cases and Legal Principles in Occupiers Liability:

  • Wheat v Lacon: Visitor fell down the stairs and died, occupier is the person with control of the premises, can be more than one occupier with control
  • Bailey v Arems: Boy fell off the roof and broke his arm, sometimes no one is in control
  • Laverton v Kiapasha: Customer fell and injured on wet floor in shop, the premises do not have to be completely safe, the occupier has to make the premises reasonably safe for visitors
  • Glasgow Corporation v Taylor: Child poisoned by berries on a park bush, the occupier has to protect child visitors from allurements
  • Phipps v Rochester corporation: Young child was injured when falling into a trench, the occupier can expect very young children to be supervised by parents
  • Jolley v London borough of Sutton: Teenager injured playing on an abandoned boat on the council's lands, occupier is liable for injuries suffered by children that are reasonably foreseeable
• • Roles v Nathan: Chimney sweeps killed by carbon monoxide poisoning, the occupier can expect workmen to appreciate and guard against risks incidental to their work
  • Hazeldine v Daw: Claimant injured when lift fell to foot of shaft due to faulty maintenance or repair, it was reasonable for the lift repair to be done by a specialist firm, occupier not liable
• • Tomlinson v Congleton Borough Council: Trespasser injured swimming in lake, occupier does not have to spend lots of money making premises safe from obvious dangers
  • Higgs v Foster: Police officer fell into inspection pit, occupier does not owe a duty to a trespasser he or she does not expect to enter premises
  • Rhind v Astbury Water Park: Trespasser injured by submerged object in lake, occupier does not owe a duty if he or she is unaware of the danger
  • Keown v Coventry Healthcare NHS Trust: Boy injured when falling off fire escape, occupier not liable to child trespasser if there is no danger from the state of the premises
• Bottomley v Todmordern Cricket Club: Claimant injured when the fireworks were not set off properly, cricket club was liable as it did not check if the contractor was insured or qualified

  • Woodward v Mayor of Hastings: Child was injured on school steps when the ice was not cleared properly, the occupier has to check the work of the contractor if possible, occupier is liable
  • Darby v National Trust: Claimant's husband drowned in a pond, occupier not liable for death or injury caused by obvious risk
  • Ratcliff v McConnell: Trespasser seriously injured diving into swimming pool at night, occupier does not have to warn adult trespassers of risk of injury against obvious dangers
  • Donoghue v Folkestone Properties: Trespasser seriously injured by diving into harbor at night in winter, occupier does not have to warn trespasser against obvious risk if the trespasser enters at unforeseeable time of day or year