Occupier's Liability- Lawful visitors

The 1957 Act applied to a digging machine

Bunker v Charles Brand & Son Ltd (1969)

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Those who exercise a lawful/public right of way are not covered by this act. Therefore the owner of land over which a public right of way passes, is not liable for negligence towards members of the public using it

McGeown v NI Housing Executive (1994).

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‘When you invite a person into your house to use the stairs you do not invite him to slide down the bannisters

The Calgarth (1927)

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A person could be a visitor in relation to one occupier, and a trespasser in relation to another

Ferguson v Welsh (1987)

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The defendants owned a small takeaway shop. They had fitted slip resistant tiles, and had been using a mop to mop the floor if it had been raining. When the claimant went into the shop it was very busy and it had been raining. She slipped and broke

Laverton v Kiapasha Takeaway Supreme (2002)

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The claimant was injured when he tripped and fell over a small lump of concrete protruding about two inches from the base of a traffic bollard in the precincts of Rochester Cathedral. The Court of Appeal decided that no occupier of premises could ens

Dean and Chapter of Rochester Cathedral v Debell (2016)

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The duty extends only to the purpose for which the visitor was allowed entry

Tomlinson v Congleton Borough Council (2003)

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Where the defendants were liable when a seven-year-old child died after eating poisonous berries from a tree in a public park

Glasgow Corp. v Taylor (1922)

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In that case the parents were responsible when their five-year-old child fell into a trench on land used as a play area. The defendants were not liable

Phipps v Rochester Corp (1955)

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In that case, the occupier was not liable to a window cleaner who was injured as a result of a defective window.

General Cleaning Contractors v Christmas (1953)

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Where a fire was started negligently, the fire brigade could recover against the occupier where members of the fire brigade were injured in the process of extinguishing the fire

Salmon v Seafarers Restaurant (1983)

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Where a lift was serviced in a sub-standard manner.

Haseldine v Daw (1941)

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An occupier can escape liability if they give warnings- although an obvious danger does not have to have a warning attached to it (e.g. the edge of a cliff)

Cotton v Derbyshire Dales District Council (1994)

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Occupier's Liability- Lawful visitors

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