Study Notes
Key Case | English Heritage v Taylor (2016) | Occupiers Liability - Visitors - Warning Signs
- Level:
- A-Level, BTEC National
- Board:
- AQA, Edexcel, OCR, IB, Eduqas, WJEC
Last updated 6 May 2024
Failure to present a warning sign to a danger may result in the occupier having breached their duty of care.
CASE SUMMARY
Claimant: Mr Taylor
Defendant: English Heritage
Facts: The claimant was visiting an English Heritage site; he was walking along a grass slope when he fell off the slope and into a dry moat causing serious injuries. There was no warning sign of the 12ft drop down to the moat.
Outcome: Liable.
Legal principle: The sheer drop was an obvious danger and the defendant should have taken reasonable steps to protect visitors to the premises. English Heritage were in breach of their duty by failing to provide an adequate warning sign. Contributory negligence of 50% was applied due to the claimant walking on an informal path.