Public Health and Safety Essay Example | Topics and Well Written Essays - 1500 words

Public Health and Safety - Essay Example These are just some cases where the public is left open to the hazards of the dangerous conditions of properties. In response to these alarming scenarios, UK had enacted several statutes to foster public health and safety. Already in place are UK's Torts Act 1977, laws on public nuisance, Public Health Act 1936, Defective Premises Act 1972, Fatal Accidents Act 1976, (Harpwood 2005,p.196-384) and the Occupiers Liability Act 1984. From the onset we must clarify that there is no contractual relationship between the owner of the property and the spouses . Since they came in to the premises uninvited , they must be deemed as trespassers as defined in the Occupiers Liability Act 1984 but the nagging question then is must the company be absolved from liability and the spouses be considered to have taken undue risk and must suffer for their own misfortune. Or must the company be liable for the damages done on the basis of 'res ipsa loquitor' principle on Torts as it cannot be denied that damages happened in its property and therefore there is an assumption of negligence and want of due care on its part. Thus, must the company be considered a tortfeasor which has the burden of proof of proving that it is not guilty of negligence in immediately fencing the condemned property after knowledge of possibility of causing harm to the public and that it exercised due standard of care. If it fails to prove both, must it answ er for damages incurred to the spouses on the basis of failing to qualify for the 'reasonable man test'(Bolton v Stone) and on grounds of nuisance. Lastly, whether spouses by trespassing in a property which has a warning sign that people will be entering at their own risk guilty of contributory negligence by which company can hide under the doctrine of limited liability and whether by such act the spouses must be assumed to have voluntarily exposed themselves to the risk and thus must be precluded from recovery for injuries they suffered therefrom under the principle of "volenti non fit injuria" (Barker 2002,p.181). 3 Statement of Relevant Laws The basic law that governs this case is the UK Torts Act 1977 specifically quasi-delict or culpa aquiliana which provides that where there is no preexisting contractual relationships between the parties, the party who by act or