Petrol Station Liability Case

Summary

Gesso Inc and Fred Martin may be liable for Heidis injuries due to the loose lamp, despite the enter at own risk notice. They could also be liable for Peters injuries due to unsafe conditions in the back room. Yasirs injury might not fall under the Occupiers Liability Act as it involves his own equipment, but shared liability could be considered if the forecourt was unsafe.

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A petrol station is owned by Gesso Inc and operated on their behalf by Fred Martin. At the pay point inside is a small notice stating, “Customers enter at their own risk.” A large lamp on the outside of the building falls on Heidi, a customer, as she tries to enter to pay for her petrol, causing a serious head injury. Her son, Peter, runs into the petrol station looking for help. He cannot find Fred, so ducks under the counter and goes into the back room. In the dark, he falls down two steps, spraining his ankle and breaking his mobile phone, which he was holding. Fred had notified Gesso some time ago that the lamp was loose and must be replaced. At the same time, the tanks for the fuel pumps are being filled by Anglian Petroleum. The Anglian driver, Yasir, falls over one of his hoses lying on the forecourt, breaking his arm. Advise the parties. On the law of OLA
Based on the Occupiers' Liability Act (OLA), here's a brief overview of the potential liabilities:
- Heidi: Gesso Inc and Fred Martin may be liable for Heidi's injuries. The notice "Customers enter at their own risk" might not be sufficient to absolve them of liability, especially since Fred had notified Gesso about the lamp being loose.
- Peter: Gesso Inc and Fred could also be liable for Peter's injuries. The back room should be safe since customers may need to enter in emergencies. Lack of lighting and unsafe steps contribute to their liability.
- Yasir: His injury might not fall under OLA as it involves his own equipment. However, if the forecourt was unsafe, there could be shared liability.
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