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lkhoward, Master's Degree
Category: Essays
Satisfied Customers: 433
Experience:  MEd, BA in English, BBA, 6 years of teaching
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A 5 year old boy drowns in a well on council owned premises

Customer Question

A 5 year old boy drowns in a well on council owned premises that has been fenced off with KEEP OUT signs ! but fence does need repair ! His parents had been warned by letter from the council of dangers of the well !!! Are the council and charitable trust that manage the property guilty of negligence? would you have a case law that covers this
Submitted: 1 year ago.
Category: Essays
Customer: replied 1 year ago.
Thank you I need this for an essay to hand in Tuesday 6pm !!!!
Expert:  Mr. Gregory White replied 1 year ago.

Hello, my name is Greg.

Is there any other information you can send to see if I can assist on it this for you? If you have any documents you can upload, you can do so to or and share the link here with us.

If I had a model and could provide that as a model (would have to check files to see if I have one), would that be sufficient or are you seeking a fully written new model document?

Customer: replied 1 year ago.
Hi Greg I was hoping that someone would be able to give me an answer as this is a Law question can you help
Customer: replied 1 year ago.
Hi Greg please see whole scenario below !!! I need an answer if you can help this is a Law question - please advise if you can help regards MarieNegligence and Occupier’s Liability –word limit – 1500 wordsMidwood House is a Seventeenth Century house owned by Maxford Metropolitan Council, but managed on its behalf by a charitable Trust. Day-to-day management of the house and its grounds is carried out by a site manager, who is employed by the Trust with the Council’s employed in-house architect advising him.Three years ago, fire destroyed a seventeenth century wing of the House, but Lottery funding has been secured to renovate the wing. Site investigations revealed a Roman well under the structural remains of the old wing.The burned out shell of the part destroyed by fire is supported by scaffolding. This part of the site has since been fenced off by a high post and wire fence. However, the fence requires repairing, holes having been made in it; and, young children have been observed in the site. The parents of two of the children have received warning letters from the owners. A warning sign about danger on the site, telling any unauthorised person to keep out has been placed at various points on the fence. Six months ago Maxford Council dispensed with the services of a security company who had been employed to keep people out of the site at night. It can no longer afford to use the Security Company.Millstone Enterprises Ltd. whose business as builders and contractors, specializing in historic monuments and noted for its work in the renovation of ancient stone masonry has been engaged by the Trust to undertake repair work on the Roman well.
The well is some fifty feet deep and about eight feet in diameter.
Harry [H.] a director of Millstone Enterprises Ltd. and Wilton [W.] a workman employed by the Company, begin work, and have erected a platform twenty-nine feet down the well, and some nine feet above the water at its base. They then lowered on to it a petrol-driven pump to remove the water prior to a full inspection of the well’s condition.
After the engine of this pump had worked for about two hours it stopped and a haze of fumes was visible in the well. The working of the petrol engine created a dangerous concentration of the colourless gas, carbon monoxide. The company immediately ceased work and switched off the engine.
H. returned to the well after ‘working hours’, that evening, and observed the haze was still there, and noticed a smell of fumes.
On the following morning at about 7.30 a.m. H. instructed W. and another workman to go to the well so that the work on inspecting the well could continue, but said to W. "Don't go down that well until I come".
The workmen arrived at the well at about 8.15 a.m., and, before H arrived from a meeting with the site manager, one of the workmen went down the well. After a few minutes the other workman became concerned for his colleague and also went down the well. Fumes overcame both of them.
A doctor arrived at the scene and went down the well with a rope tied to his body in order to see if he could rescue the men, though he had been warned not to go. He was also overcome by fumes.
Efforts were made to haul him to the surface by the rope, but the rope caught in a down pipe in the well and he could not be brought to the surface until help arrived some time later. The doctor died shortly afterwards. Death was caused by carbon monoxide poisoning.
Further investigation by emergency services revealed the body of a five -year old boy in the ‘foot’ of the well, who had drowned in the water. He had been walking home the previous night and apparently, alone, strayed into the site and had climbed into the well. He had been reported as missing the previous overnight. It subsequently became clear that the boy’s parents had been one of the recipients of the warning letters from the owners.Advise Maxwood Council and Millstone Enterprises Ltd. as to any potential liability, including any other contribution, from the deaths of the four people which may arise first, in negligence and secondly, under the Occupier’s Liability Acts 1957 and 1984.Your advice should set out clearly the legal basis on which it is founded, including reference to the relevant provisions of any legislation, and to case law, explaining the cases you rely on and their application to the matters in hand.
Expert:  lkhoward replied 1 year ago.

Hi. A 1500 word paper would need an increase in the price. An additional $50 would have to be added before I could start. Let me know what you would like to do. Thanks.

Customer: replied 1 year ago.
Hi Howard I am happy to go ahead as long as you can do it for me by 12noon British time today please ? is that possible please confirm I have wasted a week with no expert getting the question !!!! kind regards Marie
Expert:  lkhoward replied 1 year ago.

What is that in Pacific Standard Time? I'll have to look it up. I would still need the additional $50. Are you able to do that?

Expert:  lkhoward replied 1 year ago.

Looks like it was 4 am my time this morning. Obviously I didn't get it done. Didn't see your post until this morning.

Customer: replied 1 year ago.
Please forget it !! It is not your fault but this has been a waste of time for me !! I do not want to spend any money on going backwards and forwards and getting nowhere. thank you
Expert:  lkhoward replied 1 year ago.

i'm sorry you did not get this done for you. In the future please let us know right away if there is a time zone matter as that will help us plan. I realize that was not the only problem. Sorry.

Customer: replied 1 year ago.
it is very disappointing your company should have said my enquiry was from England !!! they didn't tell me they were sending it to America !!! it is not your fault I am just very disappointed with the whole think. Though not your fault it has been a complete waste of time for me and they had better not charge my card !!!
Expert:  lkhoward replied 1 year ago.

i'm so sorry for your experience. Please contact customer service ok?

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