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Visitors – L’s liability Print
L’s should ensure that T keeps the demised premises safe for visitors. L will owe a duty of care to any visitor, with L having to take reasonable steps to ensure that T keeps the premises safe. So, if L does not do that, then L can be liable for T’s failure to make the premises safe.

This can be illustrated by a recent case, where the claimant slipped and fell on wet petals that had fallen from the flowers of the florist on a station forecourt. He sued the florist, and also the L of the railway station. The argument was that L had failed to take sufficient steps to ensure that T (the florist) had properly cleared up the spilled flowers. In fact, it transpired that L had reprimanded T and the court took the view that this was sufficient; there was no need, on the facts, for L to have terminated T’s lease (or taken over the cleaning responsibilities himself). So, as it turned out, L was not liable – but the case does illustrate that L can potentially be liable, under Occupiers Liability Act 1957, to visitors to T’s premises. Piccolo v Chiltern Railway [2007]. © Practical Lawyer

October 2007
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