All employers, self-employed people and people in control of premises are legally obliged to report work-related deaths, major injuries or over-three-day injuries, work related diseases, and dangerous occurrences (near miss accidents) to the Health and Safety Executive.
Chris Stevens, partner at FRP, said: "Corporate insolvencies only tell part of the picture as many care home closures or business failures occur via receiverships – processes where lenders can often take control of premises owned by sole traders or partnerships in financial difficulty.
Section 1(2) identifies the occupier as the person occupying or in control of the premises, not necessarily the owner, with the underlying premise being that the person liable should be the person most likely to have been able to prevent the harm; the person occupying the premises, not necessarily the owner of those premises.
The legislation says: Any person having control of any premises to which section 5 of the Health and Safety at Work etc.
FOR what seems like decades, the Carlyle Restaurant has occupied the back of the Carlyle Hotel like a rich widow who managed to wrest control of the premises and won't leave.
Counts I and V of the complaint filed October 22 , 1992 alleged essentially that defendants were strictly liable for injuries to plaintiff arising from purportedly "ultrahazardous" activity for which defendants were legally responsible either because of their control of the premises or their discharge of firearms.
A mind-boggling assortment of remote control options for doors, elevators and other critical components allow hotel management nearly complete control of the premises.
Parents have expressed concern at its long term closure but the school's foundation status means governors can assume full control of the premises.
The failure, upon demand by the Attorney General or his duly authorized agent, of the person in occupancy or in control of land or premises upon which such species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, shall constitute authority for the seizure and forfeiture.
