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Examination Timing: 00H00M01S

Ms. Adams owns premises from which she runs her business providing spa facilities and beauty treatments to the public. A customer was injured while using one of the showers in the spa when several tiles fell off the shower wall onto her feet. The shower had been recently refurbished by independent contractors specialising in installing commercial spa facilities. They were recommended by Ms. Adams’ experienced surveyor who inspected and approved the completed works. The tiles fell off the wall because the independent contractors used inadequate tile adhesive to fix the tiles to the wall. Which of the following best describes Ms. Adams’ potential liability under the Occupiers’ Liability Act 1957?

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Under the Occupiers' Liability Act 1957, an occupier has a duty to take reasonable care to ensure that visitors are safe while on their premises. However, the Act also provides a defence for occupiers who have engaged competent independent contractors to carry out work on the premises. If the occupier has taken reasonable steps to ensure that the contractor was competent and the work was properly carried out, the occupier may not be liable for injuries caused by the contractor's negligence. In this case, Ms. Adams engaged competent independent contractors who were recommended by an experienced surveyor. The surveyor also inspected and approved the completed work. These actions demonstrate that Ms. Adams took reasonable steps to ensure the contractors were competent and that the work was properly completed. Therefore, Ms. Adams is not liable under the Occupiers’ Liability Act 1957. 


Key Point: The Occupiers' Liability Act 1957 provides a defence for occupiers who have taken reasonable steps to engage competent contractors and ensure that the work is properly carried out. This defence protects occupiers from liability for injuries caused by the negligence of independent contractors.

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