Chapter 22 Flashcards

(15 cards)

1
Q

Wheat v Lacon 1966

A

the occupier is the person with control of the premises -can be more than one-
(visitor fell down the stairs and died)

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2
Q

Laverton v Kiapasha Takeaway Supreme 2002

A

the premises do not have to be completely safe, the occupier has to make it reasonably safe for visitors
(customer fell and injured on a wet floor shop)

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3
Q

Glasgow Corporation v Taylor 1922

A

the occupier has to protect child visitors from allurements
(child poisoned by berries growing on a bush in a park)

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4
Q

Phipps v Rochester Corporation 1955

A

the occupier can expect very young children to be supervised by parents
(young children injured when falling into a trench on a building site)

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5
Q

Jolley v London Borough of Sutton 2000

A

occupier is liable for injuries suffered by children that are reasonably foreseeable
(teenager injured playing on abandoned boat n council’s land)

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6
Q

Roles v Nathan 1963

A

the occupier could expect workmen to appreciate and guard against risks that are incidental to their work
(chimney sweeps killed when working in industrial chimney)

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7
Q

Hazeldine v Daw and Son Ltd 1941

A

it was reasonable for the lift repair to be done by a specialist firm- the occupier is not liable
(claimant injured when lift fell to foot shaft due to faulty maintenance repair)

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8
Q

Darby v National Trust 2001

A

occupier not liable for death or injury caused by obvious risk
(claimants husband drowned in pond)

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9
Q

Ratcliff v McConnell 1999

A

occupier doesn’t have to warn adult trespassers of risk of injury against obvious dangers
(trespasser seriously injured diving into swimming pool at night)

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10
Q

Donoghue v Folkstone Properties 2003

A

occupier doesn’t have to warn trespassers against obvious risk if the trespasser enters at unforeseeable time of day or year
(trespasser seriously injured by diving into harbour at night in winter)

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11
Q

Tomlinson v Congleton Borough Council 2003

A

occupier doesn’t have to spend lots of money making premises safe from obvious dangers
(trespasser injured swimming in lake)

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12
Q

Higgs v Foster 2004

A

occupier doesn’t owe a duty to trespasser they don’t expect to enter the premises
(police officer fell into inspection pit)

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13
Q

Rhind v Astbury Water Park 2004

A

occupier doesn’t owe a duty if they are unaware of the danger
(trespasser injured by submerged objects in lake)

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14
Q

Keown v Coventry Healthcare NHS Trust 2006

A

occupier not liable to child trespasser if there is no danger from the state of the premises
(boy injured when falling off fire escape)

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15
Q

Baldaccino v West Wittering 2008

A

occupiers not liable to child trespasser if the danger did not result from the state of the premises and they do not have to warn against obvious dangers
(dived off a navigational beacon into sea)

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