Law Essay Example | Topics and Well Written Essays - 1000 words

Law - Essay ExampleThe appellant slipped and fell on the cruise ship while walking through the Conservatory restaurant located in the ship. On fall(a)ing on the restaurants floor, the appellant, Dawkins, sustained soft tissue injuries in her knee and wrist. She claimed that in that respect was a small pool of fluid, which made the floor slippery making her slip. The appellant later alsok the proceeds to Southampton County Court claiming reparation under Occupiers Liability make believe 1957. Considering the ships location during the accident, the claim would be heard only under the Athens Convention on Carriage of Passengers and their Luggage by ocean 1974, which was part of Wales and Englands law already owing to the provisions of section 183 of the Merchant Shipping Act 1995. The lower accost (which is the county court) handled the gaucherie as stipulated by the general good process. The case followed the general legal process as the accident had happened within the county and the case therefore heard in a county court. disaster to make judgement led to a higher court (Royal Court) to resolve it as required by the legal process. The defendant on his part claimed that he had put in authority reasonable measures to underwrite that the accident did not take place because they failed to observe reasonable care. When the Recorder conducted an investigation regarding the claim by the appellant about the spillage of liquid on the floor, It was discovered that the defendant had put in place a system of frequent watchfulness of the floor in order to avoid causing injuries to the clients that would prink owing to wanting of care. It was the appellants tariff to justify the lapse on the system of the inspection with the Conservatory restaurant, as this was the only reason to prove negligence on the part of the cruise ship. Relying on the provisions of the harbor v Tesco Ltd, the Recorder dismissed claims for damages by the plaintiff, Mrs. Janet Dawkins. In line with the case law, the mater was latter appealed to the Royal Courts of Justice before lord justice Moore-Brick and Lord Justice Aikens. The court of appeal judges tried to establish the burden of proof on the side of the appellant that damages the defendants act of negligence brought on suffering to the appellant. Banks state that using the test Ward v Tesco Ltd,3 they realized that the defendant could not establish the evidence that could prove the presence of necessary systems for ensuring the condom of the passengers. According to the court of appeal, judges failure to provide evidence by those responsible for overseeing implementation of the arctic system of inspection and observation is a clear justification that no one could establish the clock span of which the liquid had been on the floor. In other words, the burden of proof lied with the defendant, P & O cruise ship, to prove that the gap between the liquid spilled on the floor, and the time the accident took pl ace was too minimal to allow for quick safety measure response by the staff charged with responsibility of overseeing the safety system.4 As such, the Court of appeal judges overturns the ruling of the Recorder in Southampton County Court. Liability of Bresco The obligation of Bresco, a local supermarket, arises under the Companys Act 2006. 5 Bresco, being the occupier of the supermarket store, owes all the visitors entering the building a duty of care. This means that Bresco should eliminate any hazard or acts that whitethorn cause injury to any party entering the premises, within the premises or leaving the premises. omission on the part arises if it fails to do that. Breach to observe reasonable care can lead to