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Fall in Supermarket

  • 15-03-2015 12:43am
    #1
    Jamie2k9
    Registered Users, Registered Users 2 Posts: 10,796 ✭✭✭✭


    Hoping some experts can help, have a case assignment which is based on a person playing a game of football and everybody was wet and muddy from falling. X goes to a supermarket and is distracted. A number of roof leak have caused water to pool however the leaks are signed. X falls and gets up immediately. Next day wakes up with hurt arm which has two hairline fractures. Y says that X should sue.

    I am defensing the supermarket so just wanted to know the area's of law around it such as acts etc. I am right to defend the supermarket?

    Thanks!


Comments

  • #2
    endacl
    Registered Users, Registered Users 2 Posts: 22,409 ✭✭✭✭endacl


    Let's agree my share of your qualification before I do your homework!


  • #3
    Jamie2k9
    Registered Users, Registered Users 2 Posts: 10,796 ✭✭✭✭Jamie2k9


    endacl wrote: »
    Let's agree my share of your qualification before I do your homework!

    Come on be nice :D

    Would the Civil Liability and Courts Act 2004 cover it all or is there others?


  • #4
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Jamie2k9 wrote: »
    Hoping some experts can help, have a case assignment which is based on a person playing a game of football and everybody was wet and muddy from falling. X goes to a supermarket and is distracted. A number of roof leak have caused water to pool however the leaks are signed. X falls and gets up immediately. Next day wakes up with hurt arm which has two hairline fractures. Y says that X should sue.

    I am defensing the supermarket so just wanted to know the area's of law around it such as acts etc. I am right to defend the supermarket?

    Thanks!

    The areas are occupier's liability and negligence. The former has a statutory basis, the latter is almost entirely common law. You can find the actual sources yourself.

    There will be defences for the supermarket in both of those areas and they can also deny that the plaintiff has made out his case on the facts in both areas as well.


  • #5
    Kevin McCloud
    Banned (with Prison Access) Posts: 1,797 ✭✭✭Kevin McCloud


    234 wrote: »
    The areas are occupier's liability and negligence.

    How may it be negligence as it may have only happened that day?


  • #6
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Kevin McCloud wrote: »
    How may it be negligence as it may have only happened that day?

    That has no real bearing on whether the occupier was negligent. I don't feel like telling you exactly why as I'm not bothered to do the OPs homework for them.


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  • #7
    gctest50
    Registered Users, Registered Users 2 Posts: 9,605 ✭✭✭gctest50


    Jamie2k9 wrote: »
    Hoping some experts can help, have a case assignment which is based on a person playing a game of football and everybody was wet and muddy from falling. X goes to a supermarket and is distracted. A number of roof leak have caused water to pool however the leaks are signed. X falls and gets up immediately. Next day wakes up with hurt arm which has two hairline fractures. Y says that X should sue.

    /not an expert moi

    eggshell head ~ maybe he had fractures from falling on the pitch etc
    chain of thingy

    why distracted ? tired,cold ? faulty (flashing) lights from leaks?

    Jamie2k9 wrote: »
    I am right to defend the supermarket?
    Thanks!

    even if they were running the forklifts on bunny rabbits you'd be right ????????????/

    http://bit.ly/1HTOmvp


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