The court set out an occupier of land’s duty towards his invitees: ‘And, with respect to such a visitor at least, we consider it settled law, that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger, which he knows or ought to know; and that, where there is evidence of neglect, the question whether such reasonable care has been taken, by notice, lighting, guarding, or otherwise, and whether there was contributory negligence in the sufferer, must be determined by a jury as a matter of fact.’ The court premised the existence of the occupier’s duty on the absence of any contributory negligence on the part of the invitee.
(1866) LR 1 CP 274, LR 2 CP 311
England and Wales
Cited – Heaven v Pender, Trading As West India Graving Dock Company CA 30-Jul-1883
Duty Arising to Use Ordinary Care and Skill
The plaintiff was a painter. His employer engaged to repaint a ship, and the defendant erected staging to support the work. The staging collapsed because one of the ropes was singed and weakened, injuring the plaintiff.
Held: The defendant had . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 March 2022; Ref: scu.218817