Clive and Jennie have sustained injuries at the Superposh Hotel, they may have a claim under the Occupiers’ Liability Act 1957 (OLA 1957) if they were lawful visitors, or the Occupiers’ Liability Act 1984 (OLA 984) if they were trespassers.
Both acts cover only a result damaging from state of premises other damages is covered by negligence. In Ogwo v Taylor [1987] 2 WLR 988, injuries sustained by a fireman whilst fighting a fire at premises was covered by the ordinary law of negligence and not by occupiers liability because the injury was not the result of a defect in the state of the premises themselves
For Clive and Jennie to bring a claim against the injuries sustained, first it must be established who is the occupier or in control of …show more content…
This resulted in Clive hitting the bottom of the pool, injuring himself and wrecking his expensive watch. Had Clive put the Light switch on once he had ignored the sign then he would have be aware there was no water in the pool. Then no duty of care is owed as the Hotel took reasonable steps to prevent Clive as a trespasser entering in the pool as in Donoghue v Folkestone Properties [2003] EWCA Civ 231The claimant was injured when he was trespassing on a slipway in a harbour and dived into the sea. The injury happened in the middle of winter and it was around midnight when the injury was caused. The court held that the occupier did not owe a duty of care. A reasonable occupier would not expect that a trespasser might be present or engage in such a foolhardy …show more content…
The first of these requires that the job was one that it was reasonable to entrust to an independent contractor. Superposh Hotel is a hotel so it a commercial establishment offering lodging to travellers and sometimes to permanent residents, and often having restaurants, meeting rooms. There would be no need for them to have knowledge or experience in installing electrical wiring, nor there be a need for them to have employees with such experience, so the use of an independent contractor seems entirely reasonable. The second requirement is that the occupier took steps to ensure that the independent contractor was competent. Superposh Hotel should have checked that by Lightning Electrics Co had adequate public policy insurance cover in place or be registered with an electrical association, the information provided does not indicate that the relevant checks were not covered and that Lighting Electric co were not experienced or qualified As in G William v West Hertfordshire Hospital NHS Trust
Both acts cover only a result damaging from state of premises other damages is covered by negligence. In Ogwo v Taylor [1987] 2 WLR 988, injuries sustained by a fireman whilst fighting a fire at premises was covered by the ordinary law of negligence and not by occupiers liability because the injury was not the result of a defect in the state of the premises themselves
For Clive and Jennie to bring a claim against the injuries sustained, first it must be established who is the occupier or in control of …show more content…
This resulted in Clive hitting the bottom of the pool, injuring himself and wrecking his expensive watch. Had Clive put the Light switch on once he had ignored the sign then he would have be aware there was no water in the pool. Then no duty of care is owed as the Hotel took reasonable steps to prevent Clive as a trespasser entering in the pool as in Donoghue v Folkestone Properties [2003] EWCA Civ 231The claimant was injured when he was trespassing on a slipway in a harbour and dived into the sea. The injury happened in the middle of winter and it was around midnight when the injury was caused. The court held that the occupier did not owe a duty of care. A reasonable occupier would not expect that a trespasser might be present or engage in such a foolhardy …show more content…
The first of these requires that the job was one that it was reasonable to entrust to an independent contractor. Superposh Hotel is a hotel so it a commercial establishment offering lodging to travellers and sometimes to permanent residents, and often having restaurants, meeting rooms. There would be no need for them to have knowledge or experience in installing electrical wiring, nor there be a need for them to have employees with such experience, so the use of an independent contractor seems entirely reasonable. The second requirement is that the occupier took steps to ensure that the independent contractor was competent. Superposh Hotel should have checked that by Lightning Electrics Co had adequate public policy insurance cover in place or be registered with an electrical association, the information provided does not indicate that the relevant checks were not covered and that Lighting Electric co were not experienced or qualified As in G William v West Hertfordshire Hospital NHS Trust