SQE1 sample questions

Question 58

A woman owns premises from which she runs her business of providing spa facilities and beauty treatments to the public. A customer was injured whilst 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 had been recommended by the woman’s 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 the woman’s potential liability under the Occupiers’ Liability Act 1957?

A. She is not liable because she reasonably engaged competent contractors and had the work checked afterwards.

B. She is not liable because the independent contractors had control over the premises when the negligent work was carried out.

C. She is liable because the customer was a visitor to the premises.

D. She is liable because the woman and the independent contractors are both occupiers.

E. She is liable because the tiles are a danger on the premises.