[matilda] Tings

Dan dan at aktivix.org
Thu Mar 23 17:30:59 GMT 2006


> What about "Occupiers Liability" ?

Doesn't seem to be applicable to landlord tenant relations.  Obviously, 
I'm not a solicitor, though, so we could do with checking! But the 
occupiers liability act doesn't seem to apply...

"When an adult of full capacity voluntarily undertakes an activity that 
carries an obvious risk and/or is obviously dangerous, then that risk 
cannot be taken to be a risk within the scope of the Occupiers Liability 
Act of 1984 because the risk is not attributable to the "state of the 
premises", but rather the free will of that individual in using the 
premises in such a way that they know to be dangerous. The position had 
the case been heard under the 1957 Act is the same and cases in the 
future are likely to focus upon whether a given danger was hidden or 
obvious and the capacity of the claimant to appreciate the danger."

http://www.spr-consilio.com/arttort13.htm

Though probably we don't want to test it in court!  So doing what can be 
done to avoid risks, and showing its been done, would definitely help.

Dan




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