Public Liability

ViP3r

Hey guys,

quick hypothetical!

If someone knocks over a glass in a hotel bar which breaks, causing a deep cut to a persons foot(ensuing walking difficulties), is the hospital liable for the ensuing costs or damages?

The injured party would be a paying guest at a function that evening.

So they would be a visitor under S.1 of the Occupiers' Liability Act, 1995.

Accordingly they are afforded the "common duty of care", in particular reference to the control exercised over other individuals on the premises,( i.e. the drunk guy who knocks over the glass) and the state of the premises ( i.e. the abundance of empty glasses which would have been left on the table).

What do you guys think?

MagicSean

Is the person who knocked over the glass and the person who walked on it the same person?

carwash_2006

I would imagine it would be up to the judge on the day if you took it to court. To me it sounds like an accident though, the only way the hotel could have prevented it from happening would be to only serve drinks in plastic glasses. Do we want to live in a world where we can't enjoy a drink in a proper glass for fear that it might fall and injure someone?

I don't see how the hotel have failed in there duty of care in this case. My mum slipped on a hotel floor a few years ago and broke her wrist, she works for herself so it meant she lost a few weeks work while it was healing. They brought it to court as they did feel that the floor had been overly slippy where one stepped off the carpet in the hotel, however the judge on the day felt that it had not been something the hotel could have prevented and they lost the case.

So even if you are told that you have a case, do remember that whatever judge you get may not agree.

ViP3r

different person.

Yea i hear what your saying carwash. I was just thinking that their failure to deal with the hazard could make the hotel liable. It's not so much the drunk person thats the issue, it's the glass left on the table. Indeed the hypothetically broken glass was left there for a few hours.

MagicSean

ViP3r wrote: »

different person.

Yea i hear what your saying carwash. I was just thinking that their failure to deal with the hazard could make the hotel liable. It's not so much the drunk person thats the issue, it's the glass left on the table. Indeed the hypothetically broken glass was left there for a few hours.

Was the broken glass on the table or the floor? Are you saying the empty glass was left on the table too long which resulted in it being knocked over by a drunk person and stood on straight away? Or was it broken and then left on the ground for ages?

Victor

ViP3r wrote: »

is the hospital liable for the ensuing costs or damages?

Do you mean the hotel?

dermot_sheehan

Hotels have a higher duty then the ordinary duty of care under the Occupiers Liability Act due to s.4 of the Hotel Proprietors Act 1963

ViP3r

Thanks guys,

The glass would have been on the table, along with countless others that hadn't been cleared. Hypothetically this broken glass and a lot of blood remained for some time after too.

Lol yes I meant the hotel