Question: Apex Repairs is a small mechanic's workshop, dealing primarily with car repair. One day, a series of unfortunate accidents take place. Firstly, Blara (one of
Apex Repairs is a small mechanic's workshop, dealing primarily with car repair. One day, a
series of unfortunate accidents take place. Firstly, Blara (one of the garage's mechanics) is
working underneath a car when the jack used to hold it up gives way. Her leg is trapped under
the car and is broken and Carl takes Blara to the hospital and whilst Carl and Blara are away,
Dalen (a third mechanic) slips on a patch of oil. He hurts his arm, cannot perform any more work that
day, and goes home, leaving the garage empty. The oil patch that Dalen slipped on was from
one of the ten huge containers on Apex Repair's property that is used to store a large number of
lubricant oil. One of the huge containers had a large crack in it, and last week all the oil in the
cracked container spilled out to the next-door neighbour's property leaving a little on Apex
Repair's shop, which Dalen slipped on. The next-door neighbour's business is growing organic
pumpkins and due to the spill, all the pumpkins have died and expert evidence has indicated that
the soil is no long fit for growing any plants.
One of the cars they are working on has faulty wiring, and whilst the garage is unattended the
car battery shorts, causing a small fire to develop. When Carl and Dalen return from the hospital
they discovered the fire. Carl attempts to use a fire-blanket to put out the fire. He is successful
but suffers a number of burns whilst doing so.
The mechanics file a report with the local fire station. The fire station sends out an inspector and
ascertain that whilst the garage used to have a sprinkler system fitted, it has been removed by
Apex Repairs to save on maintenance costs. Such sprinklers are fitted as standard in just about
every single other garage in the country.
After seeking legal advice, Blara, Carl and Dalen are informed that there are three pieces of
legislation which apply to their injuries (all fictional.)
The Mechanic Preservation Ordinance 2001 states that "it is the duty of all employers of
mechanics to ensure that jacks and other devices used for holding cars are safe. Employers are
strictly liable for any damage which might occur from faulty jacks or devices.".
The Oil-rig and Derrick Workers Ordinance 1998 states "it shall be the duty of employers who
employ those who work with oil to ensure no injuries occur as a result of slips or falls caused by
spilt oil or similar. Employers will be strictly liable for any such injuries.".
The Fire Safety Ordinance 2006 dictates that "all employers shall take reasonably practicable
steps to ensure that fire safety systems are in place, in line with the industry-standard practices.".
None of the acts mention whether they impose criminal liability.
Question: Apply the above legislation to Blara, Dalen and Carl's injuries. Ignore the effects that other legislation might have and advise the next-door neighbour of his claims (if any).
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