Tom, a teenager, is mucking around with some friends at the Rocky Municipal Pool. The boys are running around, shouting and throwing tennis balls at each other. The pool's supervisor is busy chatting to some girls at the other end of the pool. Large signs displayed around the pool proclaim “NO RUNNING OR DIVING. Pool edges slippery when wet.” Suddenly, Tom slips on the tiles surrounding the pool, twists his ankle, and falls into the pool, hitting his head on the edge and suffering serious injuries. Tom sues the pool owner (the Council) in negligence. Evidence shows that the tiles used next to the pool are particularly slippery when wet, and that other types of tiles or waterproof carpet (at considerably more expense) would prevent the edge being slippery. Discuss the Council's liability, ignoring any defences it may have.
The council breached its duty of care in that it was negligent through failing to adequately supervise its visitors. Would that sufficiently constitute liability?
2007-06-19
05:54:24
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6 answers
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asked by
Anonymous
in
Law & Ethics