Nxt Manchester — Jan./Feb. 2009 - (Page 6)

Geraint Owen Partner Weightmans Law Firm Q: Recently, a company visitor slipped and fell as she left the building. She has since threatened to sue the company for the injuries she sustained, but surely if she was outside the premises, she has no legal basis for her claim. Right? Geraint Owen answers: The nature of the duty that your company owes depends whether the accident occurred on public or private land. If she fell upon the highway (which is maintainable at the public expense), then by section 41 of the Highway’s Act 1980, the relevant Highway Authority would be strictly liable to the lady if there is any dangerous defect in the highway. However, Section 58 of the Highway’s Act NXT CHALLENGE 1980 provides a statutory defence against any such claims where the Highway Authority can establish that it had taken care as in all the circumstances was reasonable “to secure that the part of the highway to which the action relates was not dangerous…” T X chal N pany premises are a “workplace” and therefore governed by the Workplace (Health Safety and Welfare) Regulations 1992, involving the necessity to undertake risk assessments. However, the duties under these Regulations do not create a strict liability situation. As a statement of general principle, unless the area is a public highway, the duty essentially will be to take reasonable care and if you can establish that you have carried out an appropriate risk assessment (which should be regularly reviewed) and have put in place appropriate systems of inspection and cleaning which are adhered to, you should escape liability. Geraint Owen is a partner at Weightmans law firm, specialising in public liability. E: Geraint.Owen@ weightmans.com If the lady fell on private land, then the position is governed by the Occupier’s Liability Act 1957. As a visitor to your company, in the true sense of the word, you owe her a duty to take such care as is reasonable to ensure that she will be reasonably safe in using the premises for the purposes for which she is invited or permitted by you to be there. If it is established that the accident occurred on your premises, then you also have a duty under the Management of Health and Safety at Work Regulations 1999 to undertake risk assessments in relation to the risks to the health and safety to individuals not within your employment. Furthermore, if your com-

Table of Contents Feed for the Digital Edition of Nxt Manchester — Jan./Feb. 2009

Cover Contents Editor's Notes Nxt Challenge MediaCityUK 2009 - The Vision The Lowry Hotel Nxtbook Stateside Nxtbook Europe Colin's Spinning Jenny Puts Manchester on the New Media Map Personal Liability Shock in Store for Insolvent Directors Key Tips to Generate Web Site Revenue Economy: Business Rescue Taxman Drives a Hard Bargain on Travel Expenses Server-Hosting Sector Goes Green Don't Let the Credit Crunch Affect Your Health The Changing Face of Manchester Salford University Appoints MediaCity Director Century Turns Real Nxt News Events

Nxt Manchester — Jan./Feb. 2009

For optimal viewing of this digital publication, please enable JavaScript and then refresh the page. If you would like to try to load the digital publication without using Flash Player detection, please click here.