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| a man drownd while swimming in a pond at a national trust property. his widow sued, claiming tat there had been no warning about the danger of drowning. the court of appeal disagreed: drowning was an obvious risk, even if a small one, and there ws no need to wanr against it. |
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| Claimant was a golfer who had lost the sight in one eye after being hit by a ball. There was a claim that the accident was the fault of the golf club where they were playing. the club should have erected a scree between two tees to prevent als hit at one from hitting people playing at the other. there was a sign asking for people to wait before they moved on, but rgued that the rule was not enforcd. there was evidence that in 800,000 rounds of golf played at the clbe only two accidents had ever occured and there was no breach of duty. |
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| The fact that the claimant had deliberately climbed over the wall made the claim that it was reasonableto expec a fence to be put up fail. the risk of accidental fallw was different from the risk of someone deliberately climbing over the wall. in asessing whether precautios were reasonably required, the court could take int account the behaiour reasonably to be expected of a visitor, and in this case, the claiants behaviour was both unexpected andfoolish. the defendat had not falen below the required standard in failing to takeprecautionsto prevent her from climbing the wall. |
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| Jolley v London Borough of Sutton |
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| the claimant was a 14 year old boy. He and his friend had foud an old boat on the council estate where they loed and had decided to repair it. the boat fell on claiamat. foreseeable that children would meddle with the boat- not necessary for the council to foresee exactly what they would do with it. |
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| Perry v Butlins Holiday world (facts) |
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| child cut his ear when he fell on a sharp brick halll at holiday camp |
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| a 7 year old boy had died from eating poisionous berrie that he had picked from a bush in a park, which was under the cntrol of the corporation. the corp knew that the berries were poisionous, but had neither fenced off the shrub, nor put up any warning notice. doctrine of allurement applied |
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| Two chimney swees were killed by carbon monoxide gas while working on the chimney of a coke fired boiler, which was alught at the time. the occupiers were not liablele, because they could expect sweeps to be aware of this particular danger anf these sweeps had been warned of the danger. only a risk relevant to the trade in question can allow the occupier to escape liability. |
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| the defendant negligently set fire to his house. the c was a firefighter who was called to the house to put out the fire and he was injured when doing so. the blaze was such that no amount of care by the claiamnt could have protectedhim so the defedant could not avoid liability. |
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| The claimant was a boy with his sister picking black berries, they crossed some open land where defendants were buliding houses. there was a deep trence and the boy fell in breaking his leg. they could presume that no sensible parent would let young children enter the are in question alone,without checking for danger themselves. |
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| C was killed when a ift plunged to the bottom of a shaft. it was held that the buiding occupiers were not liable for her death; they had fulfilled ther duty of care y appointing a apparenlty competatiatn fim to maintain the lift, the hihy technical ature of the work meant they could not be expected to check whether it had been done properly. |
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| Woodward v Mayor of Hastings |
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| The claimant, a child, slipped on a school step covered in snow. The step had been negligently cleaned , and although there was some doubt as to whether the cleaner was a emplyee, the occupiers were held liable for failing to take reasonable steps to check that the work had been done properly, because the nature of the work was such that it could be easily checked. |
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| Bottomley v Todmorden Cricket Club |
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The cricket clu held a firework display, during which Mr Bottomely, who was helping out as a volunteer , was injured. Evidence showed that the friworks firmwas not insured and did not have the sufficient experience for the type of show which they were putting on.
The club could be liable because they had not taken sufficient care to make sure the contractors were capale of doing the work and that they had adequate insurance. |
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| Roles v Nathan (warnings) |
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| if a house has a river in front of it, ad the sole meansns of access to the house is by crossing a dangerous bridge, the occupier will not secure a defence simply affixing a sign statig that the brdge is dagerous. the sign would not make visitors saf, since they would have to use the bridge anyway. if however, there were tow bridges and anotice on the dangerous on earned visitors to tuse te other, te occu[ier ould bear no libability for jury caued to a visitor ho was injured through ignoring the warning and using the dangerous bridge. |
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