H & S

[sardine]

I was told by the owner of a marina that they are not legally liable if anyone is injured by the deep potholes in the yard, which they refuse to fill in. We don't believe them, what do you think ?

 

[cumbriasteve]

I would imagine if they charge for use of the property then they have a responsibility to ensure customer safety...hence are liable.

 

[ford34/2]

Only a thought, but someone ownes the road ways, the path ways, if they are not maintained to keep Joe public safe, then I dont think it unreasonable for them to be responsible, and for them to have to maintain their property.
But you as Joe public walk into a hole you know is there, who`s fault is that.
But if you can prove they know the potholes are there and that they are dangerous - where does that leave them. Allowing access and use of an area they know to be unsafe.

Mine field of liabilities, and I`m no Barrister.
Stan

 

[BrokenBiker]

duty of care springs to mind. However if you signed a rental agreement for your space in the marina then it may be written in that they are not liable

 

[brightspark]

Only a thought, but someone ownes the road ways, the path ways, if they are not maintained to keep Joe public safe, then I dont think it unreasonable for them to be responsible, and for them to have to maintain their property.
But you as Joe public walk into a hole you know is there, who`s fault is that.
But if you can prove they know the potholes are there and that they are dangerous - where does that leave them. Allowing access and use of an area they know to be unsafe.

Mine field of liabilities, and I`m no Barrister.
Stan

unless they have a sign up saying no liability will be acceptedhttps://www.google.co.uk/?gws_rd=ssl#q=no+liability+disclaimer+signs

 

[Shox Dr]

unless they have a sign up saying no liability will be acceptedhttps://www.google.co.uk/?gws_rd=ssl#q=no+liability+disclaimer+signs

Notices of that ilk are bluff and bluster.

 

[rtbcomp]

It boils down to negligence. If you know a hole's there you have to fix it or cordon it off &c.

Signs and clauses written into contracts won't override the law.

If you put a sign up saying "Dangerous Pothole" and don't do anything about the pothole you can still be liable, after all you've acknowledged that the pothole is dangerous.

Ask a couple of lawyers, you'll get three different answers.

 

[slim_boy_fat]

......Ask a couple of lawyers, you'll get three different answers.

 

[pedrobedro]

It boils down to negligence. If you know a hole's there you have to fix it or cordon it off &c.

Signs and clauses written into contracts won't override the law.

If you put a sign up saying "Dangerous Pothole" and don't do anything about the pothole you can still be liable, after all you've acknowledged that the pothole is dangerous.

Ask a couple of lawyers, you'll get three different answers.

And five separate bills