Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Extract from a witness statement by the manager of The Seaview Hotel. Several unfortunate incidents have recently occurred in the hotel. The first involved a

Extract from a witness statement by the manager of The Seaview Hotel.

Several unfortunate incidents have recently occurred in the hotel.

The first involved a serious injury to one of our guests, a 15-year-old boy called Ryder Khan.Ryder was staying on the third floor of the hotel with his mother, Tara Khan.Ryder was injured when the lift he was using crashed from the second floor down to the ground floor.The lift had been serviced the day before the accident by Electrics and Lifts, a local firm of engineers specializing in lifts.An expert has subsequently advised that there was a technical fault with the lift which should have been identified and fixed by the engineers the day before.

The second incident concerned our chef.He has been employed by the hotel for five years and he is a very experienced chef.The incident involved one of our guests, Jack Roberts, who was eating in our on-site restaurant.Jack Roberts asked to speak to the chef and complained about his meal.This made our chef very angry and he punched Jack Roberts in the face.

The third incident related to the hotel's computer on the reception desk.This is a new computer, however only a week after purchase it stopped working.I have been advised there is an internal electrical fault.

Unfortunately, the retailer from whom it was purchased is suffering financial difficulties so I cannot return it to them for a refund.

It has been a very stressful time.I have also discovered that some local people have been using the hotel grounds as a shortcut to the village.They do not have any permission.I am really annoyed, and I am considering putting a hidden trap in the grounds.If one of them is injured by the trap that should deter the others.

Extract from a witness statement by Tara Khan.

Last month my son Ryder was seriously injured at The Seaview Hotel.The lift he was travelling in crashed to the ground floor.He suffered severe physical and mental injuries.His doctors have advised that he will need care for the rest of his life as he can do very little for himself.The doctors also advise Ryder will never be able to work.

I witnessed Ryder's accident.I was not in the lift with him as I was standing in close proximity to the lift talking to the manager.I saw Ryder step into the lift and the lift start to move.A minute later I heard the lift crash to the ground floor.The lift doors opened, and I saw Ryder lying unconscious on the lift floor.I was extremely shocked by this.I have since been diagnosed as suffering from depression arising out of this incident.

Question

1. Whether Ryder may have a claim against The Seaview Hotel under the Occupiers' Liability Act 1957.

2. Whether Ryder may have a claim in negligence against Electrics and Lifts.

3. What damages Ryder could be entitled to if he is successful in either claim.

4. Whether Jack Roberts may have a claim against the hotel under the principle of vicarious liability.

You should refer to case law and statute as appropriate to support your submissions.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Macroeconomics

Authors: N. Gregory Mankiw, William M. Scarth

5th Canadian Edition

1464168504, 978-1464168505

Students also viewed these Law questions