Roles v Nathan

An occupier is not liable to specialist workers who are injured by a risk that is ordinarily incident to their calling, where they have been warned of the danger.

Citation
[1963] 1 WLR 1117
Court
Court of Appeal (Civil Division)
Year
1963
Subject
Tort Law
Topic
Occupiers' liability

Facts

Two chimney sweeps were called to clean the flues of a boiler at a building occupied by Mr Nathan. They were warned by an expert that the flues were dangerous, because of the risk of carbon monoxide fumes, and they were told not to work in the flue while the boiler was alight. They were ordered out, but returned later to finish the job while the boiler was still alight, and were killed by fumes. Their widows sued the occupier.

Legal principle

The Court of Appeal held that the occupier was not liable. Lord Denning MR said that, under section 2(3)(b) of the Occupiers' Liability Act 1957, an occupier may expect that a person, in the exercise of his calling, will appreciate and guard against any special risks ordinarily incident to it, so far as the occupier leaves him free to do so. The risk of fumes was a special risk of the sweeps' work, and they had been clearly warned. The warning was enough to enable them to be reasonably safe, under section 2(4)(a).

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