Al manages the ‘Snail in the Bottle’ pub in Anytown. The pub is owned by The Boozy Brewery Ltd (BBL) and Al lives on site in a flat above the bar. Recently the following incidents have occur
Consider the following scenario.
Al manages the ‘Snail in the Bottle’ pub in Anytown. The pub is owned by The Boozy Brewery Ltd (BBL) and Al lives on site in a flat above the bar. Recently the following incidents have occurred.
One evening Chas had been drinking heavily in the bar when he fell off his bar stool and badly cut himself on some broken glass on the floor. Normally, Al checked for broken glass about every 20 minutes or so as he toured the premises collecting empty glasses.
On another occasion Al left the bar unattended while he went down to the cellar. In so doing he left open the cellar flap in the floor behind the bar. On seeing that the bar had been left unattended one of the customers, Dale, leapt over the bar in order to steal a bottle of whiskey. He fell straight through the hole in the floor left by the open cellar flap and broke his leg.
The pub is cleaned by an independent contractor, ‘Spick and Span Ltd’. Recently they polished the floor and left it highly slippery. Last week another customer, Enid, slipped on the floor while trying to carry a heavy tray of drinks over to her friends and broke her arm.
Above the entrance to the pub is the following notice, ‘NEITHER THE MANAGEMENT OF THESE PREMISES NOR BOOZEY BREWERY LTD ACCEPT ANY LIABILITY FOR DAMAGE OR INJURY SUSTAINED ON THESE PREMISES HOWSOEVER CAUSED.’
Discuss the liability, if any, of Al and BBL in respect of these incidents focusing on occupiers’ liability.
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