Q&As

Do you have guidance on whether the owner of a property has a duty to ensure parts of their building do not fall on people? Do you know of any case law on this, eg where roof tiles or other objects have fallen from roofs and hit members of the public walking past?

read titleRead full title
Produced in partnership with Jamie Gamble of No5 Barristers Chambers
Published on LexisPSL on 30/01/2019

The following PI & Clinical Negligence Q&A produced in partnership with Jamie Gamble of No5 Barristers Chambers provides comprehensive and up to date legal information covering:

  • Do you have guidance on whether the owner of a property has a duty to ensure parts of their building do not fall on people? Do you know of any case law on this, eg where roof tiles or other objects have fallen from roofs and hit members of the public walking past?

The owner of a premises owes a number of potential duties in relation to ensuring that the condition of the premises do not cause personal injury.

If the owner of the premises is also the occupier, they will owe a duty to lawful visitors to take reasonable care to ensure that the premises are reasonably safe under the Occupiers’ Liability Act 1957 (OLA 1957) (see Practice Note: Occupiers' liability claims—lawful visitors).

Alternatively, a more limited duty is owed under OLA 1957 to trespassers to premises, where it is necessary for the claimant to prove that the occupier knew (or should of known both of the potential danger and that the trespass

Related documents:

Popular documents