Section 1: Introduction
The relevant facts to this case are as follows:
• Incident occurred on August 28th, 2012.
• The plaintiff was a recreational user of the defendant’s premises.
• The plaintiff slipped on grapes which were on the fruit isle floor in the defendant’s premises.
• Before the incident, the plaintiff was in good health.
• As a result of the fall, the plaintiff has now been left suffering with permanent mental and physical injuries. Legal Issues-
The plaintiff was a recreational user of the defendant’s premises and was injured as a result of neglect, i.e the grapes on the floor. The area of law under consideration is the Occupiers Liability Act 1995. Under this act, it is stated that “In respect of a danger existing on premises, an occupier owes towards a recreational user of the premises or a trespasser thereon ("the person") a duty— ( a ) not to injure the person or damage the property of the person intentionally, and ( b ) not to act with reckless disregard for the person or the …show more content…
Reasonable steps are to be taken to ensure visitors suffer no damage or loss.
Before the introduction of the Occupiers Liability Act 1995, occupier’s liability laws were structured according to 19th Century philosophy. Entrants were categorised according to the benefits they conferred on the occupier: “Contractual invitees”, “Invitees”, “Licensees”, and “Trespassers.”
For those under the category “Contractual Invitees” a duty of care was defined by the terms of the contract, or was implied, ensuring the premises is safe for the intended purposes. “Invitees” are owed a duty of care by the occupier to expect that reasonable care has been taken to prevent unusual damages the occupier is or should be aware of. Some dangers are characterised as unusual even though they occur with notorious frequency. The “invitee” has a right to not
The relevant facts to this case are as follows:
• Incident occurred on August 28th, 2012.
• The plaintiff was a recreational user of the defendant’s premises.
• The plaintiff slipped on grapes which were on the fruit isle floor in the defendant’s premises.
• Before the incident, the plaintiff was in good health.
• As a result of the fall, the plaintiff has now been left suffering with permanent mental and physical injuries. Legal Issues-
The plaintiff was a recreational user of the defendant’s premises and was injured as a result of neglect, i.e the grapes on the floor. The area of law under consideration is the Occupiers Liability Act 1995. Under this act, it is stated that “In respect of a danger existing on premises, an occupier owes towards a recreational user of the premises or a trespasser thereon ("the person") a duty— ( a ) not to injure the person or damage the property of the person intentionally, and ( b ) not to act with reckless disregard for the person or the …show more content…
Reasonable steps are to be taken to ensure visitors suffer no damage or loss.
Before the introduction of the Occupiers Liability Act 1995, occupier’s liability laws were structured according to 19th Century philosophy. Entrants were categorised according to the benefits they conferred on the occupier: “Contractual invitees”, “Invitees”, “Licensees”, and “Trespassers.”
For those under the category “Contractual Invitees” a duty of care was defined by the terms of the contract, or was implied, ensuring the premises is safe for the intended purposes. “Invitees” are owed a duty of care by the occupier to expect that reasonable care has been taken to prevent unusual damages the occupier is or should be aware of. Some dangers are characterised as unusual even though they occur with notorious frequency. The “invitee” has a right to not