Task $1$: Occupier's liability, EPS, EMM, coroner's inquests

$1$

$($a$)$ The injured customer is considering bringing a civil case against the

supermarket under the Occupier's Liability Act $1957($Occupiers Liability

$($Scotland$)$ Act $1960$; Occupiers Liability $($Northern Ireland$)$ Order $1957).$

What duties were owed to the customer by the supermarket under this

legislation?

Note: You should support your answer, where applicable, using relevant

information from the scenario.

$($b$)$ The Health and Safety Executive $($HSE$)*$ investigated the accident and

has decided to prosecute the retail organisation.

$($i$)$ Referring to the principles of proportionality, targeting and

consistency of approach within the 'Enforcement Policy

Statement ${?}^{*****}$ what will the HSE$*$ have considered when deciding

on this enforcement action?

$($ii$)$ Referring to the 'Enforcement Management Model $($EMM$)"{?}^{****}$ what

will the HSE$*$ have considered when deciding on this enforcement

action?

Or HSENI in Northern Ireland.

$**$ Or 'Enforcement Guidelines for Health and Safety at Work in Northern

Ireland'.

Note: You should support your answers, where applicable, using

relevant information from the scenario.

$($c$)$ This accident could have had a very different outcome; the customer

could have died. In such cases, a coroner's ${?}^{**}$ inquest would have been

held.

$($i$)$ What would be the purpose of an inquest ${?}^{******}$ in this case?

$($ii$)$ What would the implications of the coroner's $s^{***}$ verdict be for the

retail organisation?

$*$Sheriff in Scotland

${?}^{****}$ Fatal Accident Inquiry in Scotland