WEDNESDAY, OCTOBER 14, 1987
20
CONVICTED IF HE COULD AIR-CONDITIONER PROVE THAT HE COULD NOT REASONABLY HAVE PREVENTED THE FROM FALLING OR THAT HE HAD TAKEN REASONABLE MEASURES TO PREVENT AN OCCURRENCE."
"HOWEVER, THE CONTRACTOR WOULD NOT BE
SUCH
MR ASPREY SAID IT MIGHT NOT ALWAYS BE AN EASY MATTER TO
PART UNDER THE FIRST
OF SECTION WHO WAS LIABLE ABSOLUTE NATURE OF THE OFFENCE.
DEFINE
4B
DESPITE
THE
NO DIFFICULTY AROSE WHERE HAVING DROPPED AN AIR-CONDITIONER,
TO IDENTIFY, SIMPLE AIR-CONDITIONER TO FALL,
AND
A PERSON COULD BE IDENTIFIED
BUT IT WOULD NOT ALWAYS BE SO THAT A PROVE
PERSON HAD ALLOWED AN
IN ESPECIALLY
THE NOT UNCOMMON SITUATION
AS
WHEREBY PREMISES WERE LET AND SUB-LET.
PROVISION FOR
RESPONSIBLE, UNDER IT WOULD BE NECESSARY TO ESTABLISH WHO WAS
ΤΟ MAINTAIN THE PART OF THE THE TERMS OF THE LEASE OR SUB-LEASE,
AND WHETHER THERE WAS BUILDING WHICH FAILED (IF THAT WAS THE CASE}
BY FIXTURES INSTALLED ANY SPECIFIC
MAINTENANCE
OF
TENANTS, MR ASPREY SAID.
WAS THE MOST HE SAID ALTHOUGH THE SUMMARY OFFENCES ORDINANCE
OTHER LIABILITY CRIMINAL
COULD OFFENCES
BE RELEVANT PROVISION ON
FALL OR BE APPLICABLE DEPENDING ON HOW THE AIR-CONDITIONER CAME TO DROPPED FROM A BUILDING.
"IT
IS
CONCEIVABLE A
TIAT
A COULD
PERSON BE
OF
WHO DROPPED AN MURDER OR
FROM
BUILDING
GUILTY AIR-CONDITIONER ATTEMPTED MURDER, IF THE REQUISITE INTENT COULD BE PROVED.
"IN LESS EXTREME CASES, MANSLAUGHTER, INFLICTING GRIEVOUS
BE RELEVANT,"
HE
BODILY HARM OR THE VARIOUS LEVELS OF ASSAULT COULD SAID.
IN
ASPREY
AS REGARD STATUTORY PROVISIONS RELATING TO CIVIL LIABILITY, SUCH CASES THE OCCUPIER'S LIABILITY ORDINANCE WAS RELEVANT, MR SAID.
A COMMON REASONABLY SAFE WERE INVITED
"UNDER THIS ORDINANCE, THE OCCUPIER OF PREMISES OWES DUTY OF CARE SUCH AS TO ENSURE THAT VISITORS WILL BE
THEY PURPOSES FOR WHICH IN USING THE PREMISES FOR THE OR PERMITTED BY THE OCCUPIER TO BE THERE.
FROM HIS PREMISES, AND IN A BREACH OF THE
FALLS "SO, WHERE AN AIR-CONDITIONER
CIRCUMSTANCES RESULTING INJURES A VISITOR IN COMMON DUTY OF CARE, THE OCCUPIER COULD BE HELD LIABLE.
"THE
LANDLORD
COULD
LIABLE
IF
A
HAS
OR DAMAGE,"
ALSO BE HELD
HE HAS THE AIR-CONDITIONER AND CONTRACTUAL RESPONSIBILITY TO MAINTAIN
THE AIR-CONDITIONER FAILED TO DO THIS, AS A RESULT OF WHICH FAILURE DROPS OR FALLS FROM HIS PREMISES, THEREBY CAUSING INJJURY HE SAID.
/MR ASPREY