[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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