SCENARIO 1 Ruth went to the ‘Thrills and Spills’ swimming pool with her 4 year o
ID: 349967 • Letter: S
Question
SCENARIO 1
Ruth went to the ‘Thrills and Spills’ swimming pool with her 4 year old son, Mark. The non-slip covering on the walkway surrounding the pool was in disrepair. There was a hole in the covering and Mark caught his foot in it and fell, hitting his head and breaking the kickboard he was carrying.
Ruth was near the office, which had a notice outside stating ‘NO ENTRY Staff Only’. Ruth saw a first aid box inside the office. It was fixed to the wall with a faulty clip. Ruth ran inside to collect the box and while releasing the clip she cut her hand and broke her bracelet.
‘Thrills and Spills’ leased the swimming pool premises from the owner and landlord, Premium Pools Ltd. The manager of ‘Thrills and Spills’ said the hole in the walkway covering had appeared only 2 days ago. He said the landlord Premium Pools Ltd were responsible for the first aid box and had been told 3 months ago that the faulty clip need to be fixed.
Advise Ruth and Mark as to any possible claims they may have under the Occupiers’ Liability Acts 1957 and 1984 and the Defective Premises Act 1972.
1. Can (1) Mark, and (2) Ruth bring a claim against ‘Thrills and Spills’ and /or Premium Pools Ltd?
2. What must be proved under the Occupiers’ Liability Act 1957?
3. What must be proved under the Occupiers’ Liability Act 1984?
4. What must be proved under the Defective Premises Act 1972?
5. Apply these Acts to what has happened to Mark and Ruth.
6. What remedy can each of them claim?
Explanation / Answer
1-By studying the case it may be noted that Mark and Ruth can bring claim against Thrills and Spills for the hole and faulty clip respectively.Occupiers liability acts strictly put liability on the occupier of the space at that time not on the owner.
2-Child visitors and Common duty of care must be proved which covered what not to do and what to do by the visitors.
3- Duty of occupier to trespassers must be fulfilled
4-The person acquiring the place to see that the work which they take on is done in a professional manner which is fit for habitation.
5- Under common duty of care Mark can take legal action against Thrills and Spills under Occupiers’ Liability Acts 1957 and Ruth though entered the place which was meant for staff only but under Occupiers’ Liability Acts 1984, she can take legal remedy under duty of occupier to trespassers.
6- They can claim for the damage suffered by them under the tort law.
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