Cases - Wheat v E Lacon & Co Ltd

Record details

Name

Wheat v E Lacon & Co Ltd

Date

[1966]

Citation

All ER 552

Legislation

Occupier's Liability Act 1957

Keywords

Background

Summary

Wheat was a lodger in an inn who fell down the back stairs from the first floor and was killed. There was a handrail on the staircase, however it ended before the bottom part of the stairs. The light for the staircase was not working at the time of the incident and consequently the stairs were dark. Lacon & Co owned the inn but had an agreement with Mr Richardson ('R') to act as manager for the business and in exchange (amongst other things) R could live in the premises. The agreement between R and Lacon & Co stated that R had no right of tenancy or any interest in the premises. R, with Lacon & Co's unwritten consent, used the premises as a boarding house in the summer. Wheat claimed damages against Lacon & Co for breach of duty of care which was owed under the Occupier's Liability Act 1957 ('the Act') on the basis that Lacon & Co were in occupation or control of the back staircase and that Wheat was a visitor within the meaning of the Act.

Findings

The agreement between R and Lacon & Co did not relieve the owner of its obligations as the person in occupation and control of the back staircase. R was merely considered to be acting as Lacon & Co's servant. Thus, the primary obligations under the Act remained with Lacon & Co. Further, the court held that Wheat was a 'visitor' within the meaning of the Act and thus, a common duty of care was owed.

However, on the facts before the court, the cause of the accident could not be determined and the back staircase, although unlit, was not said to be dangerous, if it was used with proper care. Consequently no breach of duty on the part of Lacon & Co was established.