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Useful advice and resources to help you prepare for the SQE assessments.
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A man and a woman visit a theme park owned and maintained by a company. The man buys two tickets for them to gain entry. On the reverse of the tickets, the company has placed a disclaimer of liability for personal injury, which says: “No liability for death or personal injury howsoever caused.”
The woman goes for a ride on the rollercoaster. The carriage she is riding in becomes detached from its tracks because of negligent maintenance and she is thrown to the ground. She suffers personal injury and seeks advice from a solicitor about claiming compensation for her injuries. The solicitor considers whether a duty under the Occupiers’ Liability Act 1957 (‘the Act’) may exist.
Which of the statements below best describes the company’s duty, if any, to the woman under the Act?
A. The company does not owe her a duty because of the disclaimer.
B. The company owes her a duty to ensure its ride is safe.
C. The company does not owe her a duty because the ride is not premises under the Act.
D. The company owes her a duty to ensure she is reasonably safe in using the ride.
E. The company does not owe her a duty because she did not buy a ticket.
D - The company owes her a duty to ensure she is reasonably safe in using the ride.
Candidates who answered correctly: 62%
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Find out what happens after passing the SQE and admission to the roll of solicitors.