Roles v Nathan [1963] 1 WLR 1117

Court of Appeal

Facts: Chimney sweepers suffered carbon monoxide poisoning while working on a boiler despite warnings about the risks. They ignored the safety advice and suffered harm.

Issue: Does the duty of care of an occupier extend to professional risks known to the tradesmen?

Held: considering all the circumstances, the warning given to the sweeps was deemed "sufficient to enable the sweeps to be reasonably safe" within the meaning of section 2(4) of the Occupiers' Liability Act, 1957.

• Lord Denning MR:
  Occupiers can assume that professionals will be aware of and guard against risks inherent to their profession. The occupier is not liable for dangers that professionals are expected to know and handle.

This case explores "Occupiers' Liability,” showing the duty property owners owe to visitors for a safe environment. This case highlights the complex interplay between occupiers' liability, specialist roles, and the duty of care in unique circumstances.