Public liability

An applicant (the injured party) usually sues the respondent (the owner or occupier) under common law based on negligence and/or damages.

The most common examples of statute liability are in areas where an individual is required by law to effect insurance, e.g. workers' compensation and motor vehicle compulsory third party.

Property, hotel and operations managers should become familiar with the various types of contracts involved in commercial and retail activities.

These cover a wide field but the more significant contracts are: The major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements.

These require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease.

If, as a result of playing this game, the invitee is electrocuted, the owner has breached their duty of care and will most likely be found to be liable for any damages.

The degree of care owed to trespassers, although slight, nevertheless exists particularly in situations where a source of danger is deliberately created or where small children are involved.

[1] The name arises from the fact that visitors to a ballpark bear the risk of getting hit by bats, balls and other objects flying into the stands at high velocities.

The Disneyland model is a proposed system in which users of a service would bear no risk for damage or injuries they sustain that are caused by others, as full liability would be imposed upon the responsible party (and/or their insurers).