Occupiers liability : Types of entrants & the standard care required
Thursday, November 12, 2009
There are 4 types of entrants which are contractual entrants, invitees, licensee & trespasser. For this post, I'll only discuss about the contractual entrants which are divided into 2 categories, the main purpose entrants & ancillary purpose entrant.
Main purpose entrants is for the person who enters the premises for the purpose of occupying it & who has paid to be on premises such as a tenant or a guest in a hotel.
The occupier duty is to ensure that the premise is safe & adequate for the purpose for which it is contracted out, & the occupier must employ & exercise reasonable steps & expertise in the performance of his duty. In a case of McLenon v Segar, a fire broke out at the D's hotel & the P was injured while he was trying to escape from the second floor of the building. The court found the D liable for failing to ensure that the premises was safe for habitation, as there was no emergency way out.
Meanwhile, ancillary purpose entrants refers to a person who has paid to be on the premises for the primary purpose of some activity other than a personal dwelling such as patron, a passenger on a bus, a patient at a private hospital or a pupil at a private school. The occupier duty is to ensure that the premise are safe for that particular purpose. In case of Hall v Brooklands Auto-Racing Club, some spectators at a car-racing competition were injured when 2 cars collided. The D was held not liable as the court found that they had discharged their duty in ensuring that the stand was free from any danger as far as was reasonable in those circumstances.
Besides, in Gilmore v London County Council, P fall during an exercise class as rhe floor was slippery. She successfully claimed against the D for the latter's failure to ensure that the floor was suitable for physical exercise. Lastly, in Murray v Haringay Arena, the court denied the P claim when he was struck by a hockey puck while watching a hockey game.
to be continue with invitee, licensee & trespasser..:>
2 comments:
Thank you bruh, you're a life saver
Great piece
Post a Comment