Liability for faulty equipment

Maguire v Sefton Metropolitan Borough Council and another CA TLR 16 March

The defendant council operated and controlled a leisure centre for use by members of the public. The claimant was injured because of the defective condition of an exercise machine he was using. Under s2 of the Occupiers Liability Act 1957, the occupier of premises owed a duty to all visitors to keep the premises and equipment reasonably safe. However, the occupier was not answerable if he had acted reasonably in entrusting the maintenance or repair work to a competent independent contractor pursuant to the provisions of s2(4)(b). The local authority had entered into a maintenance contract with the second defendant. Nevertheless, the trial judge held that in addition to the common duty of care, there was an implied term in the contract that any machine that the claimant was to use was safe to be used and the council was in breach of that term. The council was therefore liable in tort to the claimant, as well as in contract.