Case details
Summary
Under section 2 of the Occupiers Liability Act 1957, the duty owed by a joint occupier depends on what control that occupier has over the premises. An owner in joint occupation will ordinarily be responsible for structural conditions, whereas transient features and day-to-day matters may fall within another occupier’s responsibility. Liability is not established merely because a feature is unsafe. The relevant question is whether the occupier ought to have known of its physical condition and whether a reasonable person would have appreciated the danger. A prior complaint may support that conclusion. The Court of Appeal dismissed the renewed application for permission to appeal.
Factual background
Mrs Maddocks was injured when she fell from a dangerous ladder giving access to a loft in a stable block. The property and buildings were owned by the second defendant, while her mother operated a livery business there as a licensee. The county court found the owner to be a joint occupier and gave judgment for the claimant against both defendants.
The second defendant sought permission to appeal, arguing that the finding that the ladder was unsafe did not, without a finding that it was obviously dangerous, establish breach of duty. The central issue was the scope of an owner’s responsibility as a joint occupier for the condition of the premises.
Held
- The renewed application for permission to appeal was dismissed. The county court’s judgment against the second defendant stood.
- The second defendant was an occupier because she owned and jointly occupied the stables. Her duty under section 2 of the Occupiers Liability Act 1957 was the common duty to take reasonable care to see that visitors were reasonably safe.
- The extent of a joint occupier’s control is relevant to the nature and extent of the duty. The principle stated in Wheat v Lacon [1966] AC 552 supported distinguishing structural matters from transient or day-to-day matters. A structural feature such as a ladder forming access to the loft was substantially a matter for the owner in joint occupation.
- A finding that the ladder was unsafe did not automatically establish liability. It was sufficient that the occupier ought to have been aware of the ladder’s physical condition and that a reasonable person would have appreciated the danger. The county court’s finding that the defendant ought to have known of the danger, reinforced by her knowledge of a previous complaint, was unassailable.
- There was no properly arguable ground with a real prospect of success. Application dismissed.
The court’s approach to earlier authorities
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Appellate history
- Court of Appeal (Civil Division): renewed application for permission to appeal dismissed.
- Liverpool County Court: His Honour Judge Mark Brown gave judgment for the claimant against both defendants.
Lower court decision
Key cases cited
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Cases citing this case
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