Facts
- The claimant was killed in falling down a staircase
- The banister ended 3 steps higher than the base of the staircase
- There was no light bulb at the top of the staircase
- The ground floor was occupied by the defendant company, who ran in at a restaurant
- The first floor was licensed by a third buy natural xanax party to the claim, who had provided accommodation to the claimant at the time of his death
Issues
- Could the defendant owner be liable?
- Who was the occupier of the staircase?
Decision
- No liability, both the third party and the owner were occupiers
Reasoning
- Anyone who has a sufficient degree of control over the location of injury may be classed as an occupier
- While the defendant was responsible for the structural maintenance of the house, ie the banister, the third party was responsible for the light bulb
- There was no liability as the light bulb was likely removed by an unauthorised stranger shortly before the incident; the defendant could not have been expected to know of the danger
