Rae v Mars (UK) Ltd
Rae v Mars (UK) Ltd
- 1990
- Estates Gazette (1990) 03 EG 80 .
QBD 10 February 1989. Plaintiff surveyor , Rae (R), suffered an accident while survey ing redundant parts of Mars UK Ltd`s (M) premises. He fell into an area used as temporary storage where the floor level was immediatly 3 feet below that of the surrounding area. R had been assigned a graduate trainee to show him round. The main issue of the case was whether the trainee had given the surveyor any warning of the hazard. the trainee said he had, R denied this. The judge declared that no specific warning had been given, but in awarding damages he maintained that some responcibility for the accident lay with R for not taking all the care he should. As a result liability was assessed as two thirds the defendants and one third R`s.
OCCUPIERS LIABILITY ACT 1957 S2
QBD 10 February 1989. Plaintiff surveyor , Rae (R), suffered an accident while survey ing redundant parts of Mars UK Ltd`s (M) premises. He fell into an area used as temporary storage where the floor level was immediatly 3 feet below that of the surrounding area. R had been assigned a graduate trainee to show him round. The main issue of the case was whether the trainee had given the surveyor any warning of the hazard. the trainee said he had, R denied this. The judge declared that no specific warning had been given, but in awarding damages he maintained that some responcibility for the accident lay with R for not taking all the care he should. As a result liability was assessed as two thirds the defendants and one third R`s.
OCCUPIERS LIABILITY ACT 1957 S2