April
Articles matching "occupiers' liability act"
Occupiers’ Liability: restaurant not liable for visitor's fall
James Lee reports on the successful defence of an occupiers' liability claim which involved a claimant falling at a restaurant. The case highlights the important 2016 Court of Appeal decision in…
Read morePublic Liability: defendant not liable for fall over banister in nightclub premises
Lawful visitors who have been expressly invited onto premises can become trespassers if they choose not to use the premises for the way in which they are invited to do so. Sheryl Bignell reports on…
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An important judgment for local authorities, other occupiers and their insurers
In this important judgment for local authorities, other occupiers and their insurers, the Court of Appeal allowed London Borough of Sutton’s appeal against a finding of primary liability for its…
Read moreOccupiers’ liability: a “proliferation of unsightly warning signs” for historic sites?
On 13 April 2011, whilst visiting Carisbrooke Castle on the Isle of Wight, a 60 year old grandfather fell into a dry moat and suffered a serious head injury. In English Heritage v Taylor the Court of…
Read moreOccupiers’ liability: when an inspection may not be reasonable enough
Liz Harrison and Perry Hill review the recent case of Butcher v Southend-on Sea Borough Council (2014) in which the Court of Appeal considered whether the existence of a system of inspection was…
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Visitor or trespasser?
The Claimant sustained a significant head injury when she fell down a slope into a “dry moat” at an archaeological site - the Dover Roman Painted House. The injuries led to her developing epilepsy and…
Read moreHighways trip, public right of way negligence: Occupiers' Liability Act 1957
DWF acted for Basildon Borough Council on the instructions of Travelers Insurance Company.
Read moreOccupiers’ liability: injury to independent contractor
The Claimant was working with a team of tree surgeons run by Joe Jackman who were felling trees on land owned by the Defendant. Whether the Claimant was employed by Jackman, or was self-employed, was…
Read moreOccupiers’ liability: Schools and colleges duty of care – inflatable pool
John Morrell looks at the High Court’s conclusion that an occupier was entitled to expect that a visitor should protect himself against obvious risks in a case where the Claimant had dived head first…
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