Reference no: EM132159248
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. what can mark claim for?
2. can she claim for injury and property?
3. what remedy (for losses can mark and ruth claim for?