Liability for Dangerous Premises

1)Obligation towards lawful visitors

Duty towards invitee
Duty towards licensee
Structures adjoining highway
Liability of landlord
2)Obligation towards trespassers
3)Obligation towards children
Obligation towards lawful visitors
Occupiers liability act, 1957
Duty towards an invitee
Reasonable care to prevent any damage from any Unusual
danger , which the occupier knew or ought to have known
Indermaur v Dames, 1866
Cates v Mongini Bros, 1971
Pillutla Savitri v G.k. kumar, 2000

Duty towards a Licensee. Who enters the premises with the

express or implied permission , for his own purpose rather than
for the occupier’s interest. Occupier has an obligation to give due
warning of any latent defect or concealed danger of which he
was aware. He has no liability for the loss caused by dangers not
known to him
Roles v Nathan, 1963
Section 57 of Indian easements act, 1882 says, Grantor's duty to disclose defects.-The
grantor of a license is bound to disclose to the licensee any defect in the property
affected by the license, likely to be dangerous to the person or property of the licensee,
of which the grantor is, and the licensee is not, aware.
58. Grantor's duty not to render property unsafe.-The grantor of a license is bound not
to do anything likely to render the property affected by the license dangerous to the
person or property of the licensee.
Swimming pool accidents
Klaus v east India Hotels

Structures adjoining Highways

Kallulal v Hemchand, 1958
Municipal corporation of Delhi v Subhagwanti, 1966
Noble v Harrison
Liability of landlord
Mint v Good, 1951

Obligation towards trespassers

Lowrey v Walker, 1911
Mokshada Sundari v Union of India, 1971
Nature of Duty
Mourton v Poulter, 1920
Ramanuja mudali v m. Gangan, 1984
Cherubin v State of Bihar, 1964

Obligation towards children

Glasgow Corporation v taylor, 1922
Liability of dangerous chattels
The liability of the transferor of the chattel under two heads
•Liability towards the immediate transferee
•Liability towards the ultimate transferee

•Liability towards the immediate transferee

•Ward v Hobbs, 1878
•Hyman and wife v Nye sons, 1881
•Liability towards the ultimate transferee
•Liability for fraud
•Liability for negligence
Liability for fraud
Langridge v Levy, 1837
Liability for negligence
1)Things dangerous per se
Dixon v Bell, 1816
Beckett v Newalls Insulation Co, 1953
2)things not dangerous per se but known to be so by the transferor
Farrent Barnes, 1862
Holmes v Ashford, 1950
3)Things neither dangerous per se nor known to be dangerous to
the transferor but dangerous in fact
Donogue v Stevenson
Consumer protection legislation in England
Unfair contract Terms Act, 1977
Consumer Safety Act, 1978