Occupiers Liability Act
Jerome is a Foundation Year student at Colset University. One evening, he went to a student party and on his way back to the halls of residence one of his friends, Zahid, suggested that they should have a refreshing swim in the outdoor pool at the local Sports Club. Jerome had been drinking so he agreed as he thought that this would clear his head. Jerome and Zahid went to the pool area. Zahid went to get changed. During this time, Jerome decided to enter the swimming pool area although there was a sign that said that the pool was closed but it was difficult to see it in the dark. The shallow end of the pool was marked with a notice saying ‘No diving’. The lights illuminating the pool were off and no life guard was there. Jerome also remembered that they had been told that the pool was closed for repairs. Despite this, he dived in the shallow end and hit his head on the bottom of the pool injuring himself badly.
With reference to the Occupier’s Liability Act, explain whether you think the Sports Club is liable for Jerome’s injuries. Consider the sign and the extent to which it might limit or exclude liability. You must use case authorities to support your answer.
Please look at the unit Solent Online Learning site to see the assessment criteria we will be using to assess your work. You will be expected to show:
- The appropriate format for your answer
- A clear understanding of what the question is asking you to do, i.e. paying attention to the requirements of the question
- Appropriate research in preparation for your answer
- Appropriate use of cases to support your answer
- Proper referencing and a full bibliography in accordance with OSCOLA – with your bibliography set out in a final section beginning on a new page
- The proficient use of legal and other information and materials
- A structured discussion of the relevant issues
- An effective and precise use of written English
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