Occupier Liability Essay Example | Topics and Well Written Essays - 1250 words

Occupier Liability - Essay ExampleAccording to the preaching there is a common duty of care6 on the occupier to ensure his premises are passably safe at all times.7 If any insecurity exists, it is the duty of the Occupier to post signs warning of the danger and this can satisfy the duty of care expected8. In the case of the leafy vegetable, due signs were posted and whence, visitors to the park were duly warned they were using the facilities at their own risk. Occupier liability will be limited by the ingredient of foreseability of accidents. In the case of Cunningham v Reading9 loose tiles on the terrace were the cause of police injury, for which the Occupier was held liable, because this was an display case where injuries were foreseeable and chances of occurrence were also higher, therefore the Occupant was held liable. This may also hold good in the case of the Park, because three aspects must be noted the signs warning of the risk were corroded and unreadable and therefor e practically non existent. Exclusion clauses, waiving liability, must be clearly communicated - if they are printed on the back of a slating or communicated indistinctly, they will not be valid10. the element of foreseeability of accident was high due to the nature of the facilities. Moreover, the Park may also face difficulties on the issue of maintenance of the slides, since they collapsed with the weight of only two children.