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

Occupier Liability - Essay ExampleAccording to the discussion there is a common duty of care6 on the occupier to date his premises are reasonably safe at all times.7 If any danger exists, it is the duty of the Occupier to post signs warning of the danger and this can get together the duty of care expected8. In the case of the Park, due signs were posted and therefore, visitors to the park were duly warned they were using the facilities at their own find. Occupier liability depart be limited by the element 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 instance where injuries were foreseeable and chances of particular 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 therefore practically non existent. Exclusion clauses, waiving liability, must be clearly communicated - if they are printed on the back of a ticket 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 load of only two children.