What must be proved under occupiers liability act

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Reference no: EM132183047

Course: Legal aspect of contract

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?

Reference no: EM132183047

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