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Liability and Negligence

Someone broke into a building and left something behind e.g. a spray can. If a guest in the building slipped and fell on the spray can, would the building owners be liable. The building had installed cameras and also hired a security guard.
They wouldn't be liable.

s 2(2) of the Occupiers' Liability Act 1957 states that '..is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited'. This highlights that the occupier does not have to make the premises entirely safe, only what is reasonable. In the case of Laverton v Kiapasha Takeaway Supreme (2002) the claimant slipped as a consequence of a broken ankle. They had installed slip resistant tiles, and the Court of Appeal therefore decided that the shop owners had taken reasonable care to ensure it's customers were safe.

The building owners had gone to reasonable measures to ensure that the visitors were safe 'for the purpose for which he is invited'. The court also commented in the above case that 'customers can be reasonable safe (in that instance) if they take reasonable care for their own safety'. If the victim had been more observant, they would have noticed the hazard and been able to walk around it. However, their own carelessness is what lead to their injury.

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