OLA 57 cases

Cards (21)

  • The Calgarth per Lord Scrutton
    When you invite a person to your house to use the stairs, you do not invite him to slide down the banister
  • Lowery v Walker
    D was liable. Whilst C did not have expressed permission to be on the land, a license was implied through repeated trespass and D's consent
  • McGeown v Northen Ireland Housing Executive
    D was not liable as C was not a lawful visitor under OLA 57 because she was exercising a public right of way. This is because it would place a burden on landowners to provide footpaths and maintain
  • Haseline v Daw
    A lift was considered premises
  • Wheeler v Copas
    A ladder can be considered premises
  • Ogwu v Taylor
    A duty of care was owed to a professional fireman. There was no requirement that the risk be exceptional. The defence of volenti had no application.
  • Harris v Birkenhead
    A child fell out a second-story house. The council were in control of the property so was liable.
  • Wheat v Lacon
    There can be more than one occupier but in this case the landlord was responsible for day to day repairs so liable
  • Moloney v Lambeth LBC

    What may pose no threat to adults may be very dangerous to a child
  • Glasgow Corporation v Taylor
    Occupiers should guard against allurements
  • Simkiss v Rhondda
    The court must have regard to all the circumstances and the occupier is resonably entitled to expect parental control of young children
  • Liddle v Yorkshire
    An allurement on its own is not sufficient grounds for liability
  • Simkiss v Rhonnda BC

    Where a danger on land is a natural hazard which ought to be obvious to adults, occupiers are entitled to assume that children will be properly supervised
  • Roles v Nathan
    D not liable as you would expect chimmney sweeps to guard against this type of risk
  • General Cleaning Contractor's v Christmas

    a trdesman may hace a remedy against his employer if the injury is related to an unsafe system of work
  • Salmon v Seafarers

    Occupier can be liable even if the visitor posses a special skill
  • Bishop v JS

    an oral warning about the danger was not enough
  • Coupland v Eagle Brothers

    a written warning was not appropriate because it was not in a place for the visitor to see
  • Rae v Mars UK Ltd
    Danger was so great that a warning was not enough
  • Staples v West Dorset DC

    Visbile injury is a clear and obvious danger that needed no warning
  • Cotton v Derbyshire DC

    Cliff edge was an obvious danger that required no warnings