April
Articles matching "occupiers' liability"
When an accident is just an accident: first judicial guidance on ERRA
Seema Bains Partner in DWF's London office and Nigel Lewers of 12 King's Bench Walk acted for an employer and their insurers, in what we believe to be the first reported case to consider the…
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Conflicting evidence in a tripping claim: can an appeal court intervene?
Denise Brosnan reviews her recent successful appeal on behalf of Dudley Metropolitan Borough Council, against a finding of a breach of the Occupiers' Liability Act 1957 in a tripping claim. Denise…
Read moreOccupiers’ 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…
Read moreOccupiers’ liability: Debells ring out for a practical approach to foreseeability
The Court of Appeal has revisited the meaning of reasonable foreseeability in the context of claims brought under the Occupiers’ Liability Act 1957. Taking a practical approach, the Court has found…
Read moreAn 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: Duty owed to trespassers
In April this year, the High Court in Buckett v Staffordshire County Council dismissed a claim against a local authority brought by the claimant after falling through a skylight whilst trespassing on…
Read moreDWF case update - Occupiers’ liability
Sophie Wilding extracts some useful pointers from the successful defence of recent occupiers' liability claim involving a school playground accident with insufficient evidence.
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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