Free «Occupiers Liability» Essay Sample

According to the section 5 of the building Act 1959 to make regulation for the conduct of operation for the construction, repair maintenance, or demolition of the building, the company which are working for demolition should take care for securing the safety of the public while building demolition are in progress so as shambles Ltd are working at that period of time so Shambles Ltd would be the occupier in this case study. So now if any injury or causality occurs at demolition site then Shambles Ltd will be totally responsible for that but if any person related to shambles Ltd suggest for security measures and then also he/she not obey safety rules then in that case shambles Ltd will not be responsible for any injury or causality. (Anthony Speaight, Page no 275, Architect's legal handbook: the law for architects)

(i) With reference to head injury jack cannot sue Shambles Ltd, as he was already told by security guard that he must report to the site office in order to be provided with protective headgear to guard against the risks present on a demolition site, yes if injury cannot be protected by using a headgear too, that is if he is injured by some bigger debris then in that case he can sue, but it is already mention that he was injured by a brick and that can be protected by headgear.

(ii) With reference to leg injury jack can definitely sue Shambles Ltd, as neither he was told by security guard for leg security nor provided with some safety measures which can save him from leg injury. (1973, Health and security laws, revised in 1998)As Billy is a very small child he can't understand all about injuries and causality. Yes it is true that children are the building site an "allurement". So Shambles Ltd should take care of this before any problem , either they should have such wire fence that even small children cannot crawl into demolishing area or there should be very tight security. Although Billy was not that much injured but a severe problem can happen because of such irresponsible act and according to the Sec. 2110 Child Health Assistance act Shambles Ltd can be sued for injury benefits coverage.(Compilation of the Social Security Laws section 2110 and 2105(a)(1)(D)(i))


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