http://www.metro.co.uk/news/article.html?in_article_id=42711&in_page_id=34
2007-03-27 00:44:52 · 8 answers · asked by asif3000 2 in Politics & Government ➔ Law & Ethics
I read that article this morning too. I'm a 2nd year law student and can't believe this is going to trial. It's bizarre?!
Perhaps under Occupiers Liability, but even then a reasonable man would not have acting in such a reckless manner as the claimant did?
I suspect the claimant will fail in her action.
2007-03-27 02:51:32 · answer #1 · answered by cadsaz 4 · 1⤊ 0⤋
The tenant was not in an area that was leased to her, and she was not in a common area of the premises. In essence, she was a "trespasser" as regards to the roof. By her actions in climbing onto the roof she ASSUMED THE RISK of what might happen to her.
She was not a minor (person under age 18) who was unable to make informed decisions, and you cannot argue that this was an attractive nuisance that attracted a child of tender years. She had no reason being on the roof where the accident took place.
My opinion is that the roof fall dancer will not recover anything in a lawsuit. However, that does not mean to say that the insurance company may not settle the case out of court.
It should be interesting to follow up on this case.
2007-04-03 14:38:31 · answer #2 · answered by Mark 7 · 0⤊ 0⤋
Sadly, I think the landlord will get done for this. If the roof was accessible, precautions should have been in place to prevent someone falling through the skylight.
Sad but true.
2007-03-27 01:03:58 · answer #3 · answered by Sparkysair 2 · 0⤊ 0⤋
She is guilty of a frivolous lawsuit. And she should have to pay for the broken skylight. The fact that she had to crawl through a window to access the area shows that the area was not intended for public use. Plus she was in an area she was not renting. Completely her own fault.
2007-03-27 00:50:39 · answer #4 · answered by k w 3 · 1⤊ 0⤋
1. She caused her own accident so no money for her
2. She looks hot in that photo, I'd hit it.
2007-03-27 01:06:10 · answer #5 · answered by George D 3 · 0⤊ 0⤋
Stupid girl, charge her with trespassing and ensure that she pays for the repairs.
2007-03-27 00:57:03 · answer #6 · answered by monkienutz 5 · 1⤊ 0⤋
It was not an area she rented..have her arrested for trespassing...and she should take responsibility herself.....PLEASE.....
2007-03-27 00:49:58 · answer #7 · answered by Real Estate Para Legal 4 · 0⤊ 0⤋
She is in the wrong. She was where she did not belong.
2007-03-27 00:55:51 · answer #8 · answered by elaeblue 7 · 0⤊ 0⤋