accident at marina

[pepsinotcoke]

Hi

i had an accident at my marina a few weeks a I'm not as nimble as i once was as i once was. i tripped on a broken wooden walkway, I've hurt my back and shoulder. i informed my marina manager and he told me to check my mooring contract. i didn't read the small print but who does . is this even legal. many thanks in advance.

General conditions

a. all persons, entering upon or using the company's premises(which shall include land, bridge, buildings, boat and any other property whatsoever in the ownership possession or control of the company) do so at their own risk , and neither the company nor its directors , servants, or agents shall in any circumstances be liable to any such person for any loss damage or detriment, however caused.

b. Neither the company or its directors, servants or agents shall be liable for loss of or damage to good ( which term shall include vehicles, boats animals or any other article or thing) while on or at the company's premises, whether or not such goods are in the possession of the company. Persons bringing or sending goods to the company's premises shall indemnify the companies against any liability (and cost) in respect of such loss or damage

c. the company does not warrant that its premises are fit for any purpose or free from fault or defect and shall not be liable for the consequences of any such unfitness, fault or defect.

d. the company's directors, servants and agents shall be allowed the benefit and protection of these conditions and no action shall be maintainable against such directors, servants or agents of the company

e. those entering upon or using the company's premises shall at all times observe the company's regulations.

again many thanks if anyone can help me on this.

[Pezza54]

Hi

Very sorry to read about your injury. I know how painful and inconvenient that type of injury can be

The Unfair Contract Terms Act 1977 regulates the fairness of contracts between traders and consumers.

Such a contract under the Act cannot exclude death or injury caused by the negligence of the trader's employees

If an employee fails to act as a reasonable person would, in doing something or failing to do something, that may be considered as negligence

Whether you could successfully claim compensation in court for your injury would depend on you proving that the marina owner was negligent when he failed to repair the defective walkway

[pepsinotcoke]

that is what i thought and thank you, ill definitely be changing marinas

[efpom]

Occupier's Liability Act 1957

https://en.wikipedia.org/wiki/Occupi...in_English_law