Facilities & Equipment

Occupiers’ Liability Part I: Invitee

April 07, 2011

Shelley Timms, B.A., LL.B., LL.M.
Timshel Services Inc.
Alcohol Risk Management
Timshel@timshelservices.com

Editors Note: In the US, this is referred to as ‘Premises Liability’.  While there may be differences from state to state, the principles are essentially the same.

Over the next three issues of the Newsletter, Occupiers’ Liability will be explored, with each part focusing on the three categories of ‘visitor’ to a property — invitee; licencee and trespasser.

Occupiers’ liability was initially developed in the common law. Over time (several hundred years), judges began to develop the duties and obligations owed by the occupier of property to those who could be expected to enter and use the property. The occupier is the person or entity in control of the property, and therefore, includes a renter and lessee as well as owner. Occupation could be for as little as one day or evening, such as renting a hall for an event or a field for a game. Property or ‘premises’ can be mean land, structures, water, ships/vessels, trailers or other portable structures and vehicles not in operation.

Read more

Occupiers’ Liability Part II: Licencees

April 06, 2011

Shelley Timms, B.A., LL.B., LL.M.
Timshel Services Inc.
Alcohol Risk Management
Timshel@timshelservices.com

Editors Note: In the US, this is referred to as ‘Premises Liability’.  While there may be differences from state to state, the principles are essentially the same.

Part I of the series discussed invitees, those who are permitted on an occupied land by the occupier, usually for the benefit of the occupier.

The “licencee” is identified as one who, for his or her own purpose or interest, goes onto premises occupied by another with the occupier’s consent or sufferance. It is important to note that consent can be implied as well as express.

Read more

Occupiers’ Liability Part III: The Trespasser

April 05, 2011

Shelley Timms, B.A., LL.B., LL.M.
Timshel Services Inc.
Alcohol Risk Management
Timshel@timshelservices.com

Editors Note: In the US, this is referred to as ‘Premises Liability’. While there may be differences from state to state, the principles are essentially the same.

Parts I & II of the series on Occupiers’ Liability has explored the issues surrounding an ‘occupier’ and ‘premises’,  and who is considered to be an invitee and a licencee, should injury occur while they on ‘occupied’ premises. Keep in mind that an occupier (anyone in control of premises) must use such care as may be required to protect invitees and/or licencees while they are on the premises.

So what happens if the user is a trespasser?

Read more

Five Toe Shoes

March 31, 2011

Jim Fitzsimmons
Director of Campus Recreation
University of Nevada, Reno

If you haven’t seen them yet, my bet is you soon will. The Vibram Five Toe shoe, think toe sock on steroids and you’ll get the picture. More and more people are wearing them for running, sports leisure and working out.
Some facility operators have banned people wearing these shoes as they see them as a liability. Some believe they violate the intent and spirit of an ‘athletic dress code’. Most fitness facilities have some sort of a policy regulating footwear and often you will see the terms ‘closed toe’, ‘athletic’, ‘sport’ or ‘appropriate fitness type’ used to describe acceptable footwear.

Where did the five toe come from? You may not have heard but there is a bit of a grass roots rebellion going on against the running shoe industry. In the eyes of many this industry has perpetrated one of the largest crimes against the running community by introducing us to the cushy- heel countering-supination/pronation correcting- gelled-air injected- arch supporting shoe. When used for running these shoes allow the runner to over stride and heel strike in a unnatural manner leading to a running stride that is mechanically bad, inefficient and in the opinion of some, pathologic. We could go into this argument and the supporting data, but that is not the purpose of this article.

Read more

Page 4 of 41234
For more information on our Online Courses,
contact us now!