Question

Ollie decides to take his daughter (who is 6 years old) to visit the 'Pirate Ship Adventure Experience'. The ship itself is owned by Danny Ship, a local business owner who owns over 99 ships in the region. However, he leases out the ship to 'Pirates Ahoy Mateys' who operate the 'Pirate Ship Adventure Experience'. Danny Ship has been trying to save money lately as Jmes have been hard, so he has been cuKng the maintenance budget for the ships. Whilst at the 'Pirate Ship Adventure Experience', Ollie's daughter climbs the steps to a slide which goes into a ball pit. Beside the ball pit is a big sign which states that 'Users of the ball pit and slide do so at their own risk'. Unfortunately, as Ollie's daughter is climbing the steps, the handrail which is badly corroded and rusted, snaps and she falls hiKng her head on the floor. She is rushed to the hospital where they say she may have suffered permanent brain damage.

Later that evening when the ship is all securely locked up, two friends: Rebecca and Jon, decide it would be fun to play on the ship. They scale a 12W high fence surrounding the gate that provides access to the ship and break the door to get inside the ship. Jon, who is 22 but sJll likes to act childish then decides to break into one of the locked cupboards aboard the ship (which contains the worker's uniforms) and dresses up as a pirate; naming himself 'Long Jon'. As 'Long Jon' climbs up on to the ladder to board the deck, he slips on the fourth wet metal step and falls off the ladder and injures his back. There was a big red warning sign by the ladder (staJng how it can be slippery when wet), but because the ship had been locked up for the night, the light built into the warning sign was not on, meaning Jon is unlikely to have seen the warning.

Advise:

(a) Ollie on whether his daughter may have a claim under the Occupiers Liability Act.

(b) Jon on whether he may have a claim under the Occupiers Liability Act.