Summary Exploring Occupiers' Liability: Key Case Summaries
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Course
Law Of Tort (M3402)
Institution
University Of Sussex (UoS)
Book
Tort Law
Description: This document provides concise case summaries related to Occupiers' Liability. Covering a range of scenarios, these summaries explore the legal responsibilities and potential liabilities of occupiers. From defective structures to negligent maintenance, these cases offer valuable insigh...
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❖ Bourne Leisure Ltd v Marsden [2009] EWCA Civ 671:
➢ Legal issue: Duty of care in relation to guests injured in a holiday park.
➢ Summary: The Court of Appeal held that the holiday park owed a duty of
care to its guests to take reasonable steps to ensure their safety.
❖ Bowen v National Trust [2011] EWCA 1992 (QB):
➢ Legal issue: Liability for injuries caused by a falling tree.
➢ Summary: The Court of Appeal ruled that the National Trust was not liable
for injuries caused by a falling tree, as they had taken reasonable steps to
inspect and maintain the trees on their property.
❖ Darby v National Trust [2001] All ER (D) 216 CA:
➢ Legal issue: Liability for injuries caused by a collapsed bridge.
➢ Summary: The Court of Appeal held that the National Trust was not liable
for injuries caused by a collapsed bridge as the danger was obvious and
the claimant had assumed the risk.
❖ Donoghue v Folkestone Ltd [2003] QB 1008:
➢ Legal issue: Duty of care owed by a business to its customers.
➢ Summary: The Court of Appeal found that the defendant owed a duty of
care to the claimant, who suffered injuries due to a dangerous condition
on the premises.
❖ English Heritage v Taylor [2016] EWCA Civ 448:
➢ Legal issue: Liability for injuries caused by a fall at a historical site.
➢ Summary: The Court of Appeal ruled that English Heritage was not liable
for injuries caused by a fall, as they had taken reasonable steps to warn
visitors of the potential danger.
❖ Glasgow Corporation v Taylor [1922] 1 AC 44:
➢ Legal issue: Liability for injuries caused by a defective tram.
➢ Summary: The House of Lords held that the corporation was liable for
injuries caused by a defective tram, as they had a duty to maintain the
tram in a safe condition.
❖ Gwilliam v West Hertfordshire Hospitals NHS Trust [2002] EWCA Civ 1041:
➢ Legal issue: Liability for injuries resulting from negligent medical
treatment.
➢ Summary: The Court of Appeal held that the hospital trust was liable for
injuries caused by negligent medical treatment provided to the claimant.
❖ Jolley v Sutton London Borough Council [2001] 1 WLR 1082:
➢ Legal issue: Liability for injuries resulting from a dangerous structure.
➢ Summary: The House of Lords ruled that the local council was liable for
injuries caused by a dangerous and neglected boat, as they had failed to
take reasonable steps to remove the danger.
❖ Keown v Coventry National Health NHS Trust [2006] EWCA Civ 39:
➢ Legal issue: Liability for injuries resulting from negligence during surgery.
➢ Summary: The Court of Appeal held that the NHS Trust was liable for
injuries caused by negligent surgical treatment provided to the claimant.
❖ Kiapasha (t/a Takeaway Supreme) v Laverton [2002] EWCA Civ 1656:
➢ Legal issue: Liability for injuries caused by a delivery driver's negligence.
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