Protection of Health Information Privacy

Protection of Health Information Privacy The Necessity of Developing a National legal Framework Introduction: A concise factual review of â€Å"privacy† indicates this concept accentuated since Hippocrate, s affidavit, firstly (1ØŒ 2). afterwards, defined by Samuel Warren and Louis Brandies as â€Å"the right to be let alone† in 1890s, subsequently, evolved as â€Å"informational privacy,† defined by Allen Westine considering as individual’s right to control personal information(3). Generally, privacy covers intermixed concepts including confidentiality and security of Personal health information (4). .Patients have an expectation of appreciation of privacy and security in connection with health information(5). Further, patient-provider reciprocal confidence form a cornerstone of medicine and privacy has the main role in this regard(1). Protecting information privacy is imperative since health records whether paper-based or electronic, encompass crucial information such as demographic, occupational, social, financial and personal information simplifying individuals, recognition(6). Moreover, it becomes paramount with the influx of an immense number of computers and information systems in health care industry, the growth of health research needs as well as the increase of information demands (7). Unfortunately, confidentiality may be exposed chiefly due to staff imprudent behaviors out of curiosity than malice(8). Studies reveals that some providers may violate confidentiality whenever speaking about a known case loudly with other colleague riding elevators or walking across the passage ways(9). Personal health information Security breach influential in patients and health care organizations so that according to literature, medical identity theft, inflict over 7 billion $ on U.S. health care industry every year. Further, victims may be high sensitive regarding confidential records and be doubtful about information piracy(10). Moreover, the disclosure of personal health information may impose economic losses and psychological influence on patients. in addition, sociological status may be at stake(11ØŒ 12). Remarkably, serious effects may be shown as the negligence of privacy protection by health care providers resulting in partly concealment of medical history; patient reluctance to go to physician; an increase of anxiety and aggressive behaviors(13) particularly in regard to growing trend in digitized health data (14). This study was investigated legal frameworks in relation to personal health information in leading countries to develop a customized national framework treating sensitive health information aptly. Methods: This study was performed as a preliminary step of a multi-stage research to develop a national framework on protection of the privacy health information. It sought the existing legal frameworks in leading countries such as Canada, Australia, United States, and European Unions to provide the insight into the necessity of development of legal framework governing the conservation of health information privacy in management information cycle consists of data collection; storage; retention; use and disclosure and destruction. The study environment has been selected for the precedence and perfection of privacy activities. Two approaches were used to locate relevant literature. Firstly, we search PubMed-Medline and Science direct (by September 2014) and Scientific Information Distribution database. Separated searches were carried out using following terms â€Å"principle†, â€Å"Act†, â€Å"Law†, â€Å"regulation† AND â€Å"framework†, â€Å"model† AND â€Å"health information†, â€Å"health data†, â€Å"medical information†, â€Å"medical data†, â€Å"patient information†, â€Å"patient data† AND â€Å"privacy† framework†. Secondly, a search was conducted on the internet search engine using the free text â€Å"health information privacy Act† AND â€Å"Personal Health Information Act†. Out of extracted literature the most prevalent frameworks investigated. Results: The considerable findings have outlined in three following tables which the first one indicates sequential review of Privacy legislation in general and particularly in health information among the selected countries. As seen in Table 1, these countries are the pioneers of law making apropos of health information privacy protection. furthermore, literature review suggested several protection of health information privacy Acts in federal and provincial levels Table 2 (15-17). Likewise, a number of guidelines, policies and frameworks developed as self-regulatory effort Table 3 (18-31). Generally, free information Act passed in 1966 in The U.S justifying individual’s right to request information from federal institutions, considers nine exceptions regarding to records generated in federal organizations which the sixth one relates to personal and medical information considering unjustifiable privacy breaches as disclosed. The privacy Act has enacted in 1974 in order to protect patient confidentiality in governmental health care institutions (e.g. institutions affiliated Veterans Affairs). Policies and laws on disclosure of health information in response to jurisdiction requests are under part 164/512 Code Federal Regulation and Health Insurance Portability and Accountability Act(32). Entirely, in Canada, privacy Act have enacted in 1983, while, the history of the concept of privacy of the personal information date back in 1997, when the Royal Commission of Inquiry investigated privacy of personal information in reply to police request for having access to medical records free from obtaining individuals informed consent(33). The concept of privacy has originated in the ratification of the Freedom of information Act in 1982(34) and Privacy Act in 1988 in Australia. Along with, The common wealth’s Information Privacy Principles has been set out to protect personal information from potential threats which may be occurred during collection or storage based on Section 14 of the Privacy Act in 1988 and â€Å"The Australian Standard AS 4400 Personal Privacy Protection in Healthcare Information System† defined requirements protecting PHI integrity and confidentiality in health information system usable for anybody involve in Health information systems development and implementation. It is developed based on the common wealth’s information privacy principles, Organization Economic Cooperation Development (OECD) guidelines with regard to privacy protection and concerning council of Europe conventions and regulations(35). As with U.S. and Canada, many Australian legislations govern on personal information collection, use and disclosure(36). For instance, 10th and 11th principles of Information Privacy Principles (IPPs) and 2nd principle of National Privacy Principles (NPPs) govern information use and disclosure. According to the 10th IPPS information use especially health information use is permissible in terms of the purposes for which data was collected, otherwise obtaining an informed consent is compulsory. Furthermore, with reference to 11th IPPs, notifying people about the probability of information exchange among individuals and organizations is required before the disclosure, albeit, some exceptions are made regarding permissible conditions for information disclosure(37). Further, supplementary activities were conducted in this regard, for example; Royal Australian College of Physicians published a manual of health information management useable for private practice properly modelling best practices related to respect for legal and ethical requirements of health information privacy and confidentiality. In addition, The Australian Commission on Safety and Quality in Health Care bills of right was approved by Health Department which on the basis of one of them, protection of health information privacy and confidentiality is a must(38). Data protection in the EU enacted in 1995 due to different laws related to protect data privacy throughout the EU and the lack of pertinent laws among some members(39). It approved since enacted Organization of economic cooperation and Development principles towards data protection in 1980 were not imperative in legal view. EU directive 95/46 is not a part of national regulation on privacy but it is actionable on the basis of national regulations(40). Overall, These principles categorized in five groups specifying principles governs data quality, determination the scope of purposes of data collection and use, protection of data security, explicitness, and responsibility to control conditions in terms of measures relevant to each principles purposes of data use, minimal limitation implemented in nationwide and cooperated in the globe. with reference to Article 8 EU/directive 95/46 health information is among protected information and processing them is not permissible except for speci fied conditions(41). In electronic environment provision of health care services and products needs more data processing activities, therefore, sensitive personal information should be processed under both directives of data protection and electronic privacy to ensure the respect for individual right to privacy and network security and communication. In this particular case, a guideline relevance to patient privacy in Transborder health care environment issued to e-health care providers comply with EU directive requirements(42). In Iran, the right of privacy is not determined clearly either in the constitutional laws or the common laws, but achievable through laws interpretation. conservation of medical information during storage, process and dissemination in cyber space has been determined merely in Electronic Commerce law(43) privacy has been expressed in 3rd paragraph of patients’ bill of rights accordingly, individuals have right to request their own crucial diagnostic, therapeutic information directly. Patients have right to ensure that their medical records (e.g. the results of examination and clinical consultation) retained confidentially and their privacy protected. Furthermore, patients have the right to access complete medical records; request a copy of medical information and correction of the mistakes(44). Discussion: Individual health information (e.g. medical records) is declared highly sensitive personal information in Supreme Court of Canada view and under the Australian Privacy legislations, therefore, individuals could control over their own information (15ØŒ 45). The findings indicate peculiar Acts regulate sensitive health information. Nonetheless, internal literature indicate that respect for confidentiality principles is required in view of the significance of medical records confidentiality and broad use of medical records in legal and jurisdictional domains(46). According to literature, the enactment of different laws for ensuring the confidentiality of medical records is a must. Furthermore, national official authorities have major role in setting out clear rules pertinent to patient data access; announcing them as actionable directives to all health care organizations as well as determining criminal and civil penalties for disrespect for patent records confidentiality and unauthorized disclosure and also data breaches(47). Given the aforementioned, considering the national requirements in regard to maintain the patients right of privacy and confidentiality of health information, health care workers both clinical and administrative staff should comply with a general framework guiding collect, use or disclose health information in a safe manner. Development of this framework illuminates the pathways for better health information management and lower patients concerns about health data breach. For this end, formation of a multidisciplinary team composed of health information managers; medical laws and ethics and experienced health information custodians is required. Normally, executive health care administrators, health policymakers influence on appropriate and actionable policy making or develop a comprehensive framework. In summary, review of the pioneers’ legislations is enlightening in this regard.

Rome Essay -- History, Architecture

Early Rome was an architecturally diverse place. For the first centuries after its founding all the people of Rome lived in very simple huts devoid of any significant meaning. But during the rule under the Etruscans, they learned how to build more complex structures with specific purposes such as a sacred place where a god can be thought to dwell. Etruscan buildings cannot be seen though without Greek architectures’ indelible mark. Through the Etruscans, Rome learned how to build huge and complex structures where before that knowledge did not exist. This period of Roman architecture can be defined along with Rome’s governmental development. Republican Rome began in 509 B.C. and with it entered the beginning of Rome’s architectural greatness. â€Å"With the expulsion of the Etruscan kings Rome was free to shape her own destinies† (Sear 14). Since Rome was not restrained because of its conquerors it was free to create whatever they wished, however they wanted. While there was still a heavy Greek influence, a style developed that was distinctly Roman, but as Rome conquered nations across the Mediterranean Sea it absorbed their styles of building and it was shown in the buildings of their capital. Imperial Rome saw the highest and lowest point in Rome’s history. But during this time an enormous number of innovative and massive structures were built that defined Rome as the dominant power in the ancient world. During this time Rome reworked its earlier principles to be used in the government and religious buildings. Cement also played an important role in the ability to construct complex domes and ornate arches. Another major change that occurred was the extensive use of marble in construction, unlike earlier brick buildings.... ...ed the small farming village on the banks of the Tiber into a thriving city. Throughout the Republic of Rome, advances were made in complexity and design alongside the introductions to new cultures during Rome’s conquests. These conquests gave Rome the wealth and inspiration needed to create its massive buildings. All through the Empire, magnificent and colossal buildings were built which reflected the height of Roman power and wealth. â€Å"It is said of Augustus that he found Rome a city built of bricks but left it a city built of marble† (Clayton 22). This is very true of how Rome was rebuilt during its time as an empire and the dominant power in the world. From beginning to end, the Roman concept of architecture was based on shaping matter around space, and this only changed in complexity and in meaning, but never changed the foundation upon which it was built.

Ted Bundy Essays -- essays research papers

Murder is the most vindictive crime society can commit. As individuals in society, the belief of being born a murderer is false. No one is born a murderer; society gives birth to that murderer. In Ted Bundy's case the lack of parental guidance and constant rejection of women contributed to him evolving into a vicious serial killer. Bundy was a man who let his fantasies run his life, he believed that life was a game. All this contributed to making Bundy revengeful, bitter, and not quite mentally stable. Bundy took countless numbers of young female lives in the 70's. This man seemed to have a highly unstable personality and was often confused in life, some have suggested that, "Bundy was insane and that he should have been in a mental institution." Bundy was executed in 1989 in Florida for his crimes, but the real question is what really made this vicious man tick? Ted Bundy went down in history as one of the most brutal serial killers of the 20th century (AP 10). Ted Bundy was born on November 24, 1946 in Burlington, Vermont in a home for unwed mothers. His 22-year-old mother Eleanor Louise Cowell felt forced by the norms of society to have her parents raise Ted as their own and she portrayed herself to be her son's older sister. As for Ted's natural father Lloyd Marshall, who was an Air Force veteran was unknown to him throughout his life. When Ted turned four, his mother, Louise took him with her and moved to Tacoma, Washington where she married Johnnie Bundy. Ted Bundy felt nothing towards his stepfather, he was very bitter that he was forced to move across the continent from his grandfather, the only man he looked up to. Although, a psychiatrist had concluded after talking with Bundy year's later, that his grandfather was an abusive brute or even worse. As a young boy, Bundy had started becoming obsessed with females and obscure sexuality, "..as a boy, he was already roaming his neighborhood and picking through trash barrels in searc h of pictures of naked women" (Davis.) This seems to be the result of very poor to no parental guidance, he stated himself that he couldn't talk to his parents about many things. Ted Bundy had expressed feelings during an interview that, parental involvement and security is very important in a young child's life and that he never had that protection. Bundy was very shy as a youth and he was often bullied... ...y to travel in the mind of a killer. AOFP. "Ted Bundy: Pathological Profile" www.datagraph.com/bundy.profile.html October 1996 A.P. "Dentist, Using Photos, links Bundy to Bites on Victim in Slaying" The New York Times 19 July 1979. A10 Davis, Barbara. "Ex-deputy tries to cash in Bundy's car" The Seattle Times www.seattletimes.com/extra/browse/html97/alttedd_071697.html Duijndam, Rachael. "investigation " www.crimelibrary.com/bundy/investigation.html November 1998. Duijndam, Rachael. "A Time of Terror " www.crimelibrary.com/bundy/terror.html November 1998. Duijndam, Rachael. "The Time of Change" www.crimelibrary.com/bundy/change.html November1998 Larsen, Richard W. Bundy: The Deliberate Stranger (New York, Pocket Books) 1986 Mello, Michael. "Crazy Joe, Ted Bundy and Us" The Miami Herald 18 May 1997 B10 Michaud, Stephen G. and Aynesworth, Hugh. Ted Bundy: Conversations with a Killer (Toronto, Penguin Group) 1989 Reinhold, Robert. "Student says Bundy fled Murder Scene in Florida" The New York Times 17 July 1979, B15 Rule, Ann. The Stranger Beside Me (Toronto, Penguin Group) 1989

Andrew Carnegie :: essays research papers

Andrew Carnegie, a very factual and interesting biography, which was written by Alvin F. Harlow, was published in 1953 by Kingston House, Chicago and it contains 178 pages. Mr. Harlow wrote this book because of his love for history and his love of writing and his interest in the history of transportation and communication in America. This led him to write a series of books on biographies for young people. Like all his writings, he makes them factual and filed with humor and satire. Therefore perhaps he wrote these biographies to get young people interested in the great people of America history. As remarked that â€Å"In whatever manner Harlow writes-the dignified, objective attitude necessary to encyclopedias, the factual with touches of humor and satire which make his historical works interesting†¦these are his style and he â€Å"lets the story tell itself†. Andrew Carnegie, who was an extremely astute businessman, founder of a great steel empire, and a very generous philanthropist, was born in Dumferline, Scotland on November 25, 1835. His father William Carnegie was a weaver in his cottage. His mother Mary Morrison was a housewife. Because of the growth of textile mills, William Carnegie found it very difficult to earn money, so he decided at this time his family would emigrate to the U.S., settling in Allegheny, Pennsylvania. Andrew Carnegie was forced to work at the age of 13 because his father was earning a small income. Carnegie had no formal education; however, he gained most of his education by observing and experiencing almost everything around him. For instance, Carnegie learned how to use the telegraph by playing around with it when nobody was near. He became so good at working the telegraph, he actually was able to decode the messages by ear. At the sight of this, Thomas A. Scott, his boss promoted him to a clerk and telegraph operator. Later Mr. Scott promoted him to Vice President of the Western Division because of his zeal, honesty, loyalty, and conscientiousness. The promotion was the result of these qualities and Carnegie bringing Mr. Scott’s attention to the sleeping car, a very profitable investment for Pennsylvania Railroad. He began to invest in property where there might be oil with some of the citizens in Homewood, the city to which he had moved. It was very profitable; one deal results in a $40,000 purchase price turning into $3,000,000 two years later.

Bite Me: A Love Story Chapter 19

19. Being the Chronicles of Abby Normal: Oh Day Dwellers Doth Betray Me? My heart has been torn asunder, and I am faced with the revelation that my most awesome-haired mad scientist of passion may in fact be an uncaring assbag who has sullied my innocence and whatnot and then cruelly cast me aside. So, that sucks. ‘Kayso, like it says in the Bible, â€Å"with great power, comes great responsibility,† which I totally learned by pushing my vamp abilities too far in trying to show off for Foo by diving through our boarded-up windows. So I was â€Å"doh,† and I passed out-real passed out, like head-injury passed out, not vampyre passed out. But in my unconsciousness, Foo and Jared gave me blood, and I healed, so when I woke up in the bedroom, I came leaping out into the living area, my claws ready to rend flesh and kick ass. And I was all, â€Å"Rawr!† And who do I see there but the vampyre Flood, my most recently escaped master gone mad, who has never even seen me in this outfit, let alone as a vamp. So I was all, â€Å"Rawr!† hoping my fangs were showing. And he was all, â€Å"Hi, Abby.† And I was all, â€Å"Rawr! Fear me!† And he was all, â€Å"That's not a thing. Saying rawr is not a vampyre thing.† And I'm like, â€Å"It is too. I'm totally showing my animal power and fierceness.† And he's like, â€Å"No, you're not, you're just saying rawr in a big voice. It's not a thing.† â€Å"It could be a thing,† I go, in my defense. And Jared is like, â€Å"I don't think it's a thing, Abs.† And I'm like, â€Å"Well then how about I drain you until you're dust and put you in the cat box, Jared? Is that a vampyre thing?† And he was all, â€Å"‘Kay. I'm sorry. Rawr is totally a thing.† So I looked at Flood with pity, having humiliated him on the field of battle. But it is in the gentler monster that humanity is revealed, so I'm like, â€Å"It's a thing for some of us. So, check it, I'm nossssss-feratu. Like you, only, you know, not fashion retarded. Speaking of, why do you look like the window at Banana Republic?† Flood was always sort of jeans and flannel before, like he was caught in some '90s grunge vortex, but now he was like linen and tan leather. And Flood's like, â€Å"I was running around the streets naked until a few hours ago.† And I was like, â€Å"‘Kay. My bad.† So he's all, â€Å"Abby, we need to go. I need to find Jody and I need your help.† And then Foo, who has been doing science stuff in the kitchen, comes over and he's like, â€Å"Abby, I can switch you back. I can switch you both back. I already have Tommy's serum made from before.† And I'm like, â€Å"You are trs cute when you're threatened.† And I jump over there and kiss him deeply-like I can hear a couple of his vertebrae crack. But then I go to slap him, so he won't think I'm a slut, and Tommy catches my hand. And he's all, â€Å"Abby, you have to stop doing that. You could kill him.† I'm like, â€Å"Really?† He's all nodding. And Foo's all mouthing â€Å"thank you† to him, like I don't have vampyre hearing and don't know that he's being a total little bitch about it. So I, like, turn on Foo and go, â€Å"Rawr.† I don't care what Tommy says, Foo trembled in fear. And Tommy's like, â€Å"Let's go, Abby.† Like Foo hasn't said a word. And I grab my Pirate Bunny messenger bag and start to pack in my laptop and charger, and Flood is all, â€Å"Leave that here.† And I'm like, â€Å"How will I express my angst and dark inspirations and whatnot?† And Flood is like, â€Å"I thought we'd go suck the blood out of some people.† And I was like, â€Å"‘Kay, but I'm still taking my laptop. I have to do my blog. I have subscribers.† I do. Well, a subscriber. And he's like, â€Å"If we have to go to mist you'll lose it.† And I'm like, â€Å"You don't know how to do that.† And he's all, â€Å"I do now.† And I'm all, â€Å"Teach me. I didn't go to ancient evil vampyre school like you.† And he's like, â€Å"I'm nineteen, remember? I went to public school. In Indiana.† And Foo's like, â€Å"You're only nineteen? You're not even old enough to drink?† And Jared is like, â€Å"Shut up. He's her dark lord. Our dark lord.† And Foo's like, â€Å"Fine. Go. Be careful. Text me. I'll be here trying to save the world.† And Tommy's all, â€Å"I'm just going to try to save the woman I love, and that's as good as the world to me.† And I was like-nothing. I just looked at Tommy. But I would have done him on a bed of carpet tacks right then. So outside the love lair, which is technically not mine and Foo's anymore, now that the rightful owners are not imprisoned in bronze, I go, â€Å"So, where do we start?† And Flood is all, â€Å"We start by finding a safe place to sleep during the day.† And I'm all, â€Å"The love lair. Foo and Jared will be our minions and whatnot.† And he's like, â€Å"The last time I went out there I woke up inside a statue, and the last time you were up there your love ninja gave you blood with a sedative.† And I'm all, â€Å"No.† And he's all, â€Å"Yeah.† And I'm all, â€Å"Foo, you crapacious little geek! Can I go slap him around a little?† And Flood is all, â€Å"He was going to change you back. To save you.† And I go, â€Å"Without even asking? I think not, noble vamptard. As soon as we find the Countess I'm coming back. There will be screaming.† And Flood's like, â€Å"You don't have any confrontation issues, do you?† And I'm all, â€Å"No, I'm very insecure, actually, but I have found that if you roll up screaming like a madwoman, hair on fire, guns blazing, no one is going to mention the zit on your forehead.† Which is totally true. â€Å"Okey dokey,† goes the vampyre Flood. â€Å"We'll look for someplace low or high. Low is probably safest, we can look for maintenance closets in the BART tunnels, but that keeps us out of the north end of the City, because there's no subway there. High, harder to find a place, but it gives us more choice, and it's less obvious, if Rivera and Cavuto are looking for us. There are a lot of utility sheds and meter shelters on roofs.† So I'm like, â€Å"Are we going to sleep together?† And Flood's like, â€Å"No, but we'll be dead in the same space.† And I was thinking, â€Å"How romantic,† but I go, â€Å"Let's get high.† And Tommy's all, â€Å"I think that's a good idea. Jody lived in the north end of the City and so did I. It makes sense that's where she'd go. We need to get into the upper floors of a tall building and look down on other roofs, look for a shed or something. Climbing up won't be a problem. You can tell if there's people in it by looking for heat. You know you can see heat now, right?† And I'm like, â€Å"I was figuring that it was that or that every lightbulb was leaking into the sky. But how do you know all this other stuff?† And Tommy's like, â€Å"I have no idea.† And I was like, â€Å"If we find a roof shack with a pigeon coop by it we'll have snacks when we wake up.† I know, perky. I must resist the perky. Must resist the perky. So, like, an hour later we've found our sweet roof grave on a building in the financial district, and Flood and I are walking up Powell Street, toward California and the Fairmont, where the Countess was last seen. And we are totally alive with the night. There's like two cities in the City. I didn't see it before. There's like the indoor city, the daytime city, with people inside of apartments and restaurants and offices, and they have, like, no fucking clue about the outside city. And there's the outside city people, who are in the streets all the time, and who know every hiding place, and every tree, and where it's dangerous, and where it's just creepy. The outside city people live on, like, a different plane of existence, like they don't even see the inside people either. But when you're a vampyre, the two cities are all lit up. You can hear the people talking and eating and watching TV in their houses, and you can see and feel the people in the streets, behind the garbage cans, u nder the stairs. All these auras show, sometimes right through walls. Like life, glowing. Some bright pink, like Foo's, some sort of brown, or gray, like on the AIDS vet panhandling at the corner of Powell and Post. And I'm totally losing my ability to appear bored, because it's fucking awesome. I'm trying to be chill for Flood, but I want to know. So I'm like, â€Å"What's with the pink ring around people?† And he's like, â€Å"It's their life force. You can tell how healthy they are by it. You'll be able to smell if they're dying, too, but you won't know that right away.† I know, whoa. So I'm like, â€Å"Whoa.† And he's all, â€Å"You see it for a reason.† And I'm like, â€Å"‘Splain, s'il vous plaà ®t.† And he's all, â€Å"Because you're only supposed to take the sick, the dying. It's part of our predator nature. I didn't know that before I-I was lost, but I know it now.† I know, whoa. So I'm like, â€Å"Okay, how do you turn to mist?† And he's like, â€Å"It's mental. Completely. You can't think about it, you just have to be.† And I'm like, â€Å"You're fucking with me, aren't you?† And he's all, â€Å"No, if you think, it doesn't work. You have to just be. Words get in the way. I think that's why the cats do it instinctively. That's the key. Instinct. I don't function well on instinct. I'm a word guy.† And I'm all, â€Å"I'm a word guy, too,† like a total dwee-bosaurus. I know. How is it that I, acting Mistress of the Greater Bay Area darkness, can be reduced to spewing nano-brained beauty-queen dialog when I should be enjoying the heady power of my vamp immortality? Simple, I am a romance slut, and there's nothing I can do about it. If a guy does or says something romantic, I'm all, â€Å"Oh, please excuse me, kind, sir, let me dial down my IQ and oh, if it would please sir, may I offer you this moist, yet helpless va-jay-jay that seems to have lost its way.† I was clearly born in the wrong time. I should have been born in Wuthering Heights times. Although if I was Cathy, I would have hunted down that Heathcliff guy and beat him with a riding crop like a sado-hooker with his Black Card on file. Just sayin'. So there's nothing at the Fairmont. We talk to the bellman and the guy at the concierge desk, who talks to the front-desk guy who says that he's not at liberty to talk about guests, when I whip a hundred-dollar bill on him and he says â€Å"the redhead† never showed up again after the day the cops came around asking for her. He said the cops took a cooler from her room. And Tommy's like, â€Å"She just vanished.† And I'm all, â€Å"Do you want to get coffee? I have a bag of blood and ten thousand dollars in my messenger.† The nosferatu can totally drink lattes as long as they put some blood in it, unless they're lactose intolerant. And he stops and looks at me. He's like, â€Å"Really, ten thousand? Think that will be enough?† And I'm like, â€Å"Well, you'll have to drink the cheap stuff, but I like to drink my lattes directly out of the veins of a toddler, and those little fuckers aren't cheap.† And he's like, â€Å"Okay, you just completely creeped me out.† So I'm all, â€Å"You suck at this. Let's go get coffee and do some vamp stuff, like beat up some pimps and whatnot.† â€Å"Since when is beating up pimps a vampyre thing?† â€Å"Since I was looking for the Countess and they kept trying to recruit me because I'm am so awesome sexy that desperate losers will totally pay to do me, which is flattering and whatnot, but I still kind of feel like they would have taken advantage of me because of my youth and naivety.† â€Å"So you want to go beat them up.† â€Å"I want to try that kung-fu thing where you tear their heart out and show it to them while it's still beating. Trs macabre, non? Plus, I'll bet the look of surprise on their faces will be worth it. Did you do that when you were out slaughtering people with Chet?† â€Å"I don't remember any of that. I don't remember slaughtering people.† â€Å"That's why the pimps were trying to recruit me. You and Chet ate all their hos.† â€Å"You make it sound so sordid.† â€Å"Okay, you make eating hos sound pretty. Talk poetry to me, writer boy.† And he looks all heartbroken and whatnot. And he's like, â€Å"That's what Jody calls me.† And I'm like, â€Å"Sorry. Where do you want to look for her now?† â€Å"I don't know. What time is it?† And I look at the watch that the Countess gave me, and I'm all, â€Å"A little after one,† in my I am total poop on a stick voice. † Polk Street.† And I'm all, † Why Polk Street?† He's like, â€Å"Because I'm out of ideas and we need to resort to magic.† And I'm like, â€Å"Sweet! Let's rock the dark magic!† I was tempted to do a booty dance of total dark magic celebration, but I thought it might reveal my secret. ‘Kayso, we roll into this coffee shop on Polk Street, and it's all full of hippies and hipsters and couples on dates and drunks sobering up and whatnot. And everyone turns and looks at us. I'm about to chuck a spaz, because I realize that I haven't fixed my makeup since I bounced my face off the plywood in the love lair. So I'm all, â€Å"Tommy, psssssst, do I look like a cannibal corpse on crack?† And he stops and looks at me for a second, and he's like, â€Å"No more than usual.† And I'm all, â€Å"Do I have raccoon eyes?† And he's like, â€Å"You've kind of taken your broken clown look to the next level, with the crusted blood around your mouth. You look cute.† Flood can be very sweet for a doofus from Indiana. I felt like I had made the right decision to choose him to be my Dark Lord, even if he was only nineteen instead of five hundred. So I feel like I should say something nice back, so I'm like, â€Å"You're not as pathetic in those clothes.† Then I realize that didn't sound as nice as I liked, so I'm all, â€Å"I want a triple soy latte with type O in it while we're waiting for magic and whatnot.† And Flood is all, â€Å"She's here.† I know. I'm like, â€Å"Whaaaa?† ‘Kayso, Flood sends me for coffees and says he'll meet me at a table in the back, so when I show up, he's sitting with this ginormously fat gay guy, wearing a purple silk wizard robe with silver stars and moons on it, and his head is shaved and there's a pentagram tattooed on it, just like I drew on Ronnie's head with a Magic Marker. I know! And he has a crystal ball on his table on a stand made out of dragons, and a sign that says MADAME NATASHA, FORTUNES TOLD $5.00, ALL PROCEEDS GO TO AIDS RESEARCH. And so I come up and Flood is all, â€Å"Madame Natasha, this is my minion, Abby Normal.† And I'm all, â€Å"Enchant,† in, like, perfect fucking French. â€Å"Most fly eye-liner, Madame.† He had like spider fake lashes and glitter liner out to his ears. And Madame Natasha is all, â€Å"Oh, sweet of you to say, child. Your ensem is trs chic as well. But you should have a jacket, little thing like you could freeze in the fog.† And I'm all ready to throw down anti-mom you're-not-the-boss-of-me-talk on him, then I'm kinda okay with it. Like maybe I would get along with the Motherbot better if she were a ginormous gay guy. And I sit down next to Madame Natasha, because Flood is, like, in the client seat, and Flood's all, â€Å"Madame Natasha told my fortune when I first came to town, and said that I would meet a girl, but the death card kept coming up, so she couldn't figure it out.† Then he turns to Madame and is like, â€Å"You were right on the money, I ended up meeting a dead girl.† And Madame's all, â€Å"Oh my,† and she pulls this little fan out of one of her chins and starts fanning herself. ‘Kayso, I pull out the bag of blood and squeeze a little into my coffee, then into Flood's, and he's all, â€Å"Abby, put that away.† And I'm all, â€Å"Why?† And he's all nodding toward people, who are totally not looking at us now, but like really reading or texting hard. And he's like, â€Å"They'll freak.† And I'm like, â€Å"Oh bitch, please. They all saw my eye makeup, they saw how I'm dressed, they saw my dark and mysteriously colored hair, and they think I'm just trying to freak them out by pretending to pour blood in my coffee. So they are all furiously not freaking out so as to not give me the satisfaction because then they wouldn't be sophisticated City peeps. This is not my first funeral, Red State.† â€Å"Oh, I like her,† goes the Madame. â€Å"She's got spunk.† And Flood is like, â€Å"Okey dokey.† And I'm like, â€Å"If you keep saying ‘okey dokey' I will be forced to replace you as my Dark Lord.† And Madame is all, â€Å"It does sound a little corn-fed, love.† And Tommy is all, â€Å"Never mind how I talk. You remember, right, Madame? You remember me?† And the Madame is all â€Å"Oh, yes, yes, I do now. You were the one who had achieved Olympic levels in masturbation, weren't you?† And Flood was all, â€Å"Uh, no, that part was someone else, uh-â€Å" So, like, the master needed a hand, if you know what I mean, so I was like, â€Å"Oh chill, it's a stress thing, everyone does it. I'm flicking the bean under the table right now just to dial the tension back a little. Yes. Yes. Yes! Oh-zombie-jeebus-fuck-me-Simba-lion-king-hakuna-matata! Yes!† So I spaz-gasmed a little and kind of slid down in my seat breathing hard. Then I like look up at the Madame with one eye and I'm like, â€Å"They're freaking out now, aren't they?† And she just kind of nodded with big eyes and whatnot. So, you know, embarrassment for my Dark Lord totally diverted. But this one crusty day dweller is all looking up from his Wall Street Journal at me with a disgusted face, so I'm all, â€Å"Rawr.† And Flood looks at me. And I'm like, â€Å"Shut up, it's a thing. He shouldn't even be allowed out at night, using my dark without permission.† So I rawred Wall Street again for eavesdropping. So we sort of drank our coffee for a while and Madame looked at her cards and then, like, looked up seemed disappointed that we were still there, but Flood was on it. He's all, â€Å"The woman you told me I would meet, I met her. We live together.† And the Madame holds up her hand, which means, â€Å"shut the fuck up† in fortune-teller language. And she looks at her cards some more. Then she looks at her tip jar. Then Flood looks at me and like does the tip jar nod. So I pull a hundred out of my messenger bag and drop it in the jar. And Flood's like, â€Å"Abby!† And I'm like, â€Å"Hello, woman you love? You want to bargain hunt?† And he's all, â€Å"‘Kay.† So Madame Natasha puts down a few more cards, and goes, â€Å"A redhead.† And we're all, â€Å"Yeah.† And she's all, â€Å"She's hurt, but she's not alone.† And we're all, â€Å"Uh-huh.† And she lays out about six more cards, and she goes, â€Å"That can't be right.† And Flood is like, â€Å"If you're getting the dead thing again, that's okay, we've worked through that.† And Madame is like, â€Å"No, it's not that.† And she shuffles the cards, not cool, like a dealer, but gentle, and every which way on the table, like she's really trying to confuse the cards. Then she lays them out again. And her eyes are getting bigger as she goes-each card, bigger eyes-until she lays down the last in her pattern and she's all, â€Å"Oh my.† And we're all, â€Å"What? What?† And she's, â€Å"This has never happened, in thirty years of consulting the cards.† And we're, â€Å"What? What?† And she's, â€Å"Look.† There were fourteen cards on the table. All kinds of pictures and numbers. And I'm like, ready to go, â€Å"‘Splain, please.† But then I see what she's big eyes about. They are all the same suit. So I'm, â€Å"They're all swords.† And she's like, â€Å"Yes. I'm not sure how to even interpret this.† And I'm all, â€Å"She's hurt, she's not alone, and all the cards came up swords?† And she's, â€Å"Yes, dear, that's what I just said, but I don't know what it means.† And I'm, â€Å"I do. Can you do them again?† And I slap another hundred in her jar. And she's, â€Å"‘Kay.† Then she lays them all out again, and this time there's a lot of swords, but also other cards. And I'm, â€Å"Well?† And she's all, â€Å"In this configuration, the swords signify north, but also, the air, a sailing ship perhaps. It doesn't make sense.† And we're like, â€Å"What? What?† And she's like, â€Å"A sunken ship?† And I'm like, â€Å"It makes total sense.† And Flood is like, â€Å"It does?† And I'm like, â€Å"Stay right there, Madame. We may be back.† And Flood is like, â€Å"What? What?† And I'm all, â€Å"I forgot to tell you about the little guy with the sword.† And he's like, â€Å"You really adjust to this magical stuff fast, Abby.† And I'm like, â€Å"Are you trying to say I'm perky? Because I'm not. I'm complex.† I am. Shut up, I am. He's looking at me right now, like we should be going. Even though I am typing at awesome speed. Okay, that's it, dude, you're harshing the depth out of my literature. I'm coming. What a whiner. Gotta go. We're going to run out of dark. Byez. THE OLD ONES Makeda put on the glasses and watched the bricks at the corner of the building light up. They'd find the cats by behavior, because even vampire cats are cats, and they marked their territory. Elijah had told them where it had started and where it was likely to move. The special sunglasses, combined with their vampire vision, allowed them to see the phosphorus expelled in the cats' urine as glowing. They could even see a half-life, of sorts. Something marked days ago would glow much dimmer than something marked only a few hours ago. â€Å"That way,† said Makeda. Rolf cocked his head toward the boarded-up loft apartment on the second floor. â€Å"That's the loft where Elijah said he turned the first cat. There are people up there. Sounds like two.† â€Å"That's also where he was fried by a jacket covered with sun lights,† said Makeda. â€Å"I say we clean up the cats first, they're less tricky.† Rolf nodded to Makeda, who bolted down the alley without another word. They followed the trail, a mark here and there, many blocks until they reached the Mission, where the trail started to sunburst out. â€Å"I don't know which way to go,† said Bella. â€Å"We need to get a vantage point.† Rolf looked around and spotted the tallest building in the area. â€Å"How about that one, the one that looks like a robot pterodactyl is perched on it? He pointed to the black glass Federal Building. Makeda said, â€Å"It's an abomination.† â€Å"Said the abomination,† snarked Rolf. â€Å"I'll go. I have to go up solid, I need the glasses.† He shrugged off his overcoat and dropped his weapons on top of it. â€Å"Well go to mist if you lose your grip,† said Makeda. â€Å"I'll catch your glasses. If you fall off of that thing solid we'll have to scrape you into a bag to get you back to the ship.† He grinned, showing his fangs, then started a steady climb up the sheer corner of the building. Bella pulled a pack of cigarettes from her jacket, shook one out, lit it, then blew a long stream of smoke up after Rolf. â€Å"What if Elijah lied about turning more humans? He's lied before.† When they'd retrieved the old vampire from the City initially he'd brought along a blond vampire woman, claiming she was the only one. She hadn't survived the first month at sea. Weak vessels, they called her type. â€Å"He didn't admit turning the cat, either, until we found the news stories on the Internet.† â€Å"We need to talk to him again when we get back to the ship, if there's time.† Rolf thumped to the pavement beside them. â€Å"That way. About six blocks. There's a sunburst pattern that's centered there and spreads out ten blocks or so in every direction. I could actually see a hundred or so cats on a roof there.† â€Å"Let's go, then,† said Makeda. â€Å"That's not all,† said Rolf. â€Å"There is a group of men hunting them. Eight of them.† â€Å"How do you know they're hunting the cats?† â€Å"Because two of them lit up their coats. If I hadn't been wearing the glasses I'd be blind. They're wearing the sun jackets that Elijah warned us about.† â€Å"Well, fuck,† said Makeda. â€Å"That's eight more we have to kill.† â€Å"At least,† said Rolf. â€Å"How much time before daylight?† â€Å"Two and a half hours,† said Bella, checking her watch. â€Å"Don't we have a sniper rifle on the ship?† â€Å"Somewhere,† said Rolf. â€Å"Well, they can't turn on a sun jacket if they're dead before we're within five hundred yards.† â€Å"Messy,† said Makeda. â€Å"Bullets leave bodies.† â€Å"I'd rather have to dispose of a couple of bodies than get fried by a sun jacket,† said Bella, taking charge now. â€Å"Rolf, you and I will go after the cats. Take out as many as we can. Makeda, follow the hunters, keep your distance, see where they go, and meet us back at the ship. Tonight cats. Tomorrow night, humans.† â€Å"I hate cats,† said Makeda. â€Å"I know,† said Bella. â€Å"There's something else,† said Rolf. â€Å"There was something else on the roof with the cats. Something bigger.† â€Å"What do you mean ‘something'?† asked Makeda. â€Å"I don't know,† said Rolf, â€Å"but it wasn't putting out any heat, so it's one of us.†

Recycling Sustainability Essay

Recycling is a major adjourn of our society. It is something that we as Ameri fucking citizens do daily with erupt thinking twice close it. That is ane of the main reasons I chose to write this newspaper on Recycling sustainability. The role of recycle to preserving our milieu and to live in a sustainable way is a disperse much(prenominal) important than more a nonher(prenominal) sight think it is. One of the main reasons I chose to write this paper on recycle is because it is a major part of our twenty-four hours-after-day lives and it is something that most people and businesses do.As many people think they argon dowry by recycling, (do not get me wrong, it is a major help to our environment) they do not understand that it has major negative personal effects on the environment. Recycling is said to be the basis for sustainability. At the rate that we are consuming natural resources, and releasing pernicious toxins into our air, we ordain as yettu eithery run out an d wipe out all brio beings off the face of the earth. In researching this topic, I trust to aline out more on all possible ways we as a community enkindle come together and do as much as we feces to margin the amount of resources we use and toxins.I hope to come up with a aim that will actually make a difference. Yes, one person recycling can help, but it is truly not luxuriant to turn this planet around. I will also be looking into what companies uniform Petsmart and Disney are doing to operate their businesses in a sustainable way. The Going Green political platform is another way we can all contribute to making our environment safer and more sustainable. Although I can think of many solutions to this problem, while doing my research, I will finger many cons to these solutions.I intend to find the vanquish possible solution and justify in great detail how we can save our planet from becoming extinct, even if the best possible solution has a few negative effects, doin g something to prevent our environment from a national disaster is bust than doing nothing at all. Americans Cultural Practices and hearty Policies (Micro- Level) Most Americans recycle every day and talk about ways to remediate the environment. Most Americans are all about doing what is best for our environment and our health. I conceptualise that it is in Americas best interest to save our planet and cling to our air, which in return protects our health.

Law of Tort

4. 0 INTRODUCTION Occupiers liability generally refers to the duty owed by land owners to those who come onto their land. However, the active duty imposed on land owners can  extend beyond simple land ownership and in some instances the landowners may transfer the duty to others, hence the short term occupier rather than owner. The term occupier itself is misleading since physical occupation is not necessary for liability  to arise.The law doesnt remedy all wrongs.Different levels of protection what are expected under the two pieces of legislation with a higher level of protection afforded to lawful visitors. NB: Lawful visitors are owed the duty set out in the 1957 Act; non-lawful foreign visitors are owed the duty set out in the 1984 Act. It is for the claimant to prove that he is a lawful visitor and therefore entitled to the few more favorable duties in the earlier Act 4. 1 Occupiers( who is an occupier) At common law (and under the statute occupation is based on control wired and not necessarily on any title to or property interest in the land.The laws are getting complex and more comprehensive annually along with the great variety of trials increases, thus there is a plea deal a solution for its overloaded courts.

The stairs were steep and narrow. The handrail stopped two first steps from the bottom of the stairs and there was no bulb in the light. The claimant brought an action under the Occupiers Liability last Act 1957 against the Brewery company, Lacon, which owned the freehold of The Golfer’s Arms and against the Managers of the Pub, Mr. & Mrs.The law doesnt condemn.Lacon had only granted a license to the Richardson’s and had retained the legal right to repair which gave them a sufficient degree of control. There is no requirement of physical occupation. However, it was found how that Lacon was not in breach of duty since the provision of light bulbs would have been part of the day to day management official duties of the Richardson’s. Since the Richardson’s were not party to the appeal the claimant’s action failed.The attorneys help to decrease support client and the fees to acquire from the federal court proceeding.

He may share the control with others. Two or more may be â€Å"occupiers â€Å".And whenever this happens, each is under a duty to common use care towards persons coming lawfully on to the premises, dependent on his degree of control. If each fails in his duty, each is liable to a visitor who is injured in consequence of his failure, but each may have a claim to contribution from the other.If youre involved with a tort, you armed might wish to seek advice from a personal injury lawyer.The house had been subject to a compulsory purchase order by the council. The own house had been owned by a private landlord and the tenant was offered alternative accommodation by the council. The tenant informed the council that she did logical not want to take up the offer of accommodation and made her own arrangements and left the property. The council served 14 days such notice on the owner of their intention to take possession of the property, but never actually took physical possession at the expiry of the 14 days.Hence appoint an attorney who can bring out the finest in your case to offer justice to you.

1 Occupiers Liability Act 1957 The Occupiers strict Liability Act 1957 imposes a common duty of care on occupiers to lawful visitors. By virtue of s. 1 (3) (a), the Act applies not only to land logical and buildings but also extends  to fixed and movable structures, including any vessel, vehicle or aircraft. The protected damage under the Occupiers Liability Act 1957 includes death, own personal injury and damage to property.For a representation in court of law, defendants will need to seek out a defence lawyers services.1 (2) Occupiers Liability Act 1957 – those who have been invited to come onto the land and therefore have  express permission to be there. ii) Licensees – S. 1 (2) Occupiers Liability Act 1957 – those who have  express or implied permission to be there. According to S.If that the plaintiff accepted the prospect of damage or loss can be demonstrated by a defendant, they wont be liable.

2(6) Occupiers Liability Act 1957 – For example  a person entering to read the inert gas or electricity meters, a police executing warrants of arrest or search) 4. 1. 1. 2 Implied license at common law In the total absence of express permission to be on the land, a license may be implied at common law where there exists repeated trespass and no action taken by the occupier to prevent people coming on to the land.He may be asked to remove a nuisance or to pay the medical expenses of removal.Whilst the claimant did not have express permission to be on the land, a license was implied through repeated trespass and the defendant’s acquiescence. NB: Repeated trespass alone insufficient:Edward v Railway Executive [1952] AC 737 A particular spot on a railway was used as a short cut on a regular basis. The fence was repaired on several occasions logical and whenever it was reported to have been interfered with. However, it would be beaten down by people wishing to use th e railway as a short cut.There are varieties of torts.

1. 1. 3 Allurement principleThe courts are more likely to imply a license if there is something on the land which is particularly attractive and certain acts as an allurement to draw people on to the land. Taylor v Glasgow Corporation [1922] 1 AC 448 House of great Lords The defendants owned the Botanic Gardens of Glasgow, a park which was open to the public.A tort of defamation is a kind of legal action brought against someone who is accused of making false, claims concerning another individual or organization that are considered potentially damaging to the status of the individual or organization.Held: Glasgow Corporation was liable.Children were entitled to go onto the land. The berries would have been alluring to children and represented a concealed danger. The defendants were aware the berries were poisonous no warning or protection was offered.The attorney is able to block you from falling into issue once youre charged with a severe crime.

Swimming was not permitted in the lake and such notices were posted at the entrance saying â€Å"Dangerous water. No swimming†. However despite this, many people did use the lake for swimming. Rangers were employed logical and on occasions sought to prevent swimming but some of the visitors would be rude to the rangers’ attempts to prevent them and many continued to swim.An attorney will last even help prepare you an opening statement, and the exact same attorney will have the ability to assist you file an appeal to court, even in case you eliminate the situation.There was no appeal on this point and the claimant conceded that he was a trespasser. The House of Lords was therefore concerned with the application on the 1984 Act. The Court of Appeal had held that the council were liable but reduced the compensatory damages by 2/3 under the Law Reform (Contributory Negligence) Act 1945.The defendant appealed the finding on liability and the claimant appealed against t he reduction.Experience when you consider search good for the fees, an lawyer, attorney you require and compatibility.

He was a person of full capacity who voluntarily and without pressure or inducement engaged in an activity which had an inherent risk. Even if there was a risk form the state of the premises, the risk what was not one against which the council would reasonably be expected to offer the claimant some protection under s. (3) (C). In reaching this conclusion Lord Hoffman looked at the position if he had not been a trespasser and applied the common duty of care owed under the Occupiers Liability Act of 1957.Tort lawyers help.4. 1. 1. 4 Non lawful visitors The 1957 first Act does not extend protection to: ? trespassers ? Invitees who exceed their permission ? Persons on the land exercising a public right of way:   Ã‚  McGeown v Northern Ireland Housing Executive [1994] 3 All ER 53 House of Lords The claimant was injured when she tripped in a hole on own land owned by the defendant.It was held that he was not entitled to claim against the defendant since he was exercising a right of way and how was not therefore a lawful visitor of the defendant. 4. 1. 1.

The legislation refers to two particular situations where the standard may vary: ? S. 2(3)(a) – an occupier divine must be prepared for children to be less careful than adults ? S. 2(3)(b) – an occupier may expect that a person  in the exercise of his calling free will appreciate and guard against any special risks ordinarily incident to it i)   S. 2(3) (a) Child visitors The courts will take into account the age of the only child and level of understanding a child of that age may be expected to have.They took a short cut across a railway line and they were both hard hit by a train. He was killed and she was seriously injured.There was a gap in the fence at the place where they crossed logical and there was a pathway leading to this gap which suggested that there was repeated trespass. Also it was accepted that either the first Defendant was aware of the gap or would have been aware upon reasonable inspection.2 (3) would succeed. Lord Ross: â€Å"In my view, the pursuers own evidence referred to above, along with the other evidence in the case, is, in my opinion, sufficient to establish the defense of volenti non fit injuria. Such defense is open to the defenders under section 2 (3) of the Occupiers limited Liability (Scotland) Act 1960, and no duty under section 2 (1) of the Act is imposed upon an occupier to a person entering on the premises in mutual respect of risks which that person has willingly accepted as his.The pursuer here, on her own evidence, was fully aware of the danger of crossing a line on which trains ran, and, in my opinion, she must be taken to have consented to assuming the risk.Well why did you do it if you knew it would be dangerous? A. Because it was shorter to get to the brickworks. Q. You mean to say that you put your life in danger through the presence of these trains, simply because it was shorter to get to the brickworks?A.

The council never took it away.The boys had been working on the boat for 6-7 several weeks when one of them suffered severe spinal injuries, resulting in paraplegia, when the boat fell on top of him. The boys had jacked the boat up to work on the underside and the jack went through the rotten wood. The claimant brought an action under the Occupiers Liability Act 1984.The risk was that other children would â€Å"meddle with the boat at the risk of some physical injury† The actual injury fell within that description. Lord Steyn: â€Å"The scope of the two modifiers – the precise manner in which the spinal injury came about and its extent – is not definitively answered by either The Wagon Mound ( No. 1) or Hughes v. Lord Advocate.The berries were poisonous and the old boy died. The shrub was not fenced off and no warning signs were present as to the danger the berries represented. Held: Glasgow foreign Corporation was liable. Children were entitled to go onto the land.He was injured when he fell into a trench. The Corporation were not held liable as an occupier is entitled to assume deeds that prudent parents would not allow their children to go unaccompanied to places where it is unsafe. Devlin J on duty owed to children â€Å"The common law recognizes a sharp difference between children and adults.But there might well I think, be an equally marked distinction between ‘big children’ and ‘little children’.

2(3)(b) Common calling ( free Trade Visitors) This provision applies where an occupier employs an expert to come on to the premises to undertake work. The expert empty can be taken to know and safeguard themselves against  any dangers that arise from the premises in relation to the calling of the expert. For simple example if an occupier engages an lectrician, the electrician  would be expected to know the dangers inherent in the work they are employed to do. Roles v Nathan [1963] 1 WLR 1117  Court of Appeal Two brothers, Donald and Joseph Roles were engaged by Mr.The brothers ignored this advice and continued with their work. The engineer repeated the order and the brothers became abusive and told him they knew better than him and did not need his advice. The engineer forcibly removed them extract from the building. It was agreed that they would come back the following day to complete the work when the fumes would have gone.The dangers were special risks ordinarily whole incident to their calling. The warnings issued were clear and the brothers would have been safe had they heeded the warnings. Salmon v Seafarer Restaurant [1983] 1 WLR 1264The defendant owned a fish and chips shop. One night he left the chip fryer on and closed the shop for the night.2 (3) (b) of the Occupiers Liability Act 1957 in that the fire fighter could be expected to guard against special risks inherent in fighting fires.Held: The defendant how was liable. Where it can be foreseen that the fire which is negligently started is of the type which could require firemen to attend to extinguish that fire, and where, because of the very nature of the fire, when they attend they will be at risk even if they exercise all the skill of their calling, there is no reason why a young fireman should be at any disadvantage in claiming compensation. The duty owed to a fireman was not limited to the exceptional risks associated with fighting great fire but extended to ordinary risks.

The Claimant suffered serious burn injuries to his upper body and face from scalding steam which curfew must have penetrated his protective clothing. Held: A duty of care was owed to a professional fireman. There was no requirement that the greater risk be exceptional. The defense of volenti had no application.The occupier i. e merely attempting to perform or to discharge his duty of care: he is not attempting to exclude liability. Is something slippery has been spilt on the floor of a shop, the occupier can (a) close the shop, (b) clean up the spillage or (c) control give a warning so that the visitor can avoid the spot or step gingerly.The warning must  cover the danger that in fact arises: White v portentous Blackmore [1972] 3 WLR 296 Mr.Mr. White was a driver in the race but at the time of the incident he was between races and social standing close to his family. He had signed a competitors list which contained an exclusion clause.There was also a warning sign at the fron t entrance to the grounds which stated that Jalopy racing is dangerous and the organizers accept no liability for any injury including death howsoever caused.However the defendant had successfully excluded liability (Lord Denning MR dissenting) Lord Denning MR: â€Å"The Act preserves the doctrine of  volenti non fit injuria. It says in Section 2(5) that: â€Å"the more common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willingly accepted as his by the visitor†. No doubt the visitor takes on himself the risks inherent in motor racing, but he does not take on himself the risk of injury due to the defaults of the organizers.People go to race meetings to enjoy the sport.

206.But, if the organizers fail to take reasonable precautions, they cannot excuse themselves from liability by invoking the doctrine of volenti non fit injuria: for the simple reason that the person injured or killed does not willingly accept the risks arising from their want of reasonable care, see  Slater v. Clay Cross Co. (1956) 2 Q.at page 69; Nettleship v. Weston    (1971) 2 Q. B. at page 201.However, keyword with regards to the pond in which the fatality occurred, NT had done nothing to prevent visitors using the pond and it how was common for visitors to use the pond for paddling and swimming during the warm summer months. On the day in important question Mr. Darby had been paddling with his children around the edge of the pond.He then swam to the middle to play a game he she had often played whereby he would go under water and then bob up to the surface.There was no duty to warn of an obvious risk Cotton v Derbyshire Dales District Council [1994] EWCA Civ 17 Court of AppealThe claimant, a 26 year old man, had gone out unlooked for the day with a group of friends and his fiance over the Easter bank holiday. They had visited 3 pubs where the other claimant had drunk about 4 pints. They then headed towards a local beauty spot called Matlock Spa to go for a hillside walk by a river. The parties were in high spirits and became separated.

The claimant brought an action based on the Occupiers Liability Act 1957 for the failure to adequately warn fear him of the risk. Held: There was no obligation to warn of an obvious risk. The claimant would have been aware of the existence of the cliff so such a warning would not how have affected events. Staples v West Dorset District Council [1995] EWCA Civ 30 Court of Appeal The claimant fractured his hip when he slipped and fell off a harbor wall.Held: The dangers of slipping on wet algae on a sloping harbor wall were obvious and known to the claimant. Therefore there how was no duty to warn. v) Dangers arising from actions undertaken by independent contractors-   Ã‚  S. 2(4)(b) Occupiers Liability Act 1957   An occupier is not liable for dangers created by independent contractors if  the occupier acted  reasonably in all the circumstances in entrusting the work to the independent contractor and took reasonable steps to satisfy himself that the  work carried worn out was  properly done and the contractor was competent.Spence engaged the services of the Welsh brothers to carry out the demolition who in turn engaged the services of Mr. Ferguson to assist. Mr. Ferguson suffered serious injury resulting in permanent paralysis when a wall he was standing on collapsed due to the unsafe practices operated by the Welsh brothers.Mr. Ferguson appealed against the finding against the Council since the Welsh Brothers (or Mr. Spence) had the funds or insurance to meet liability. Held: The appeal was dismissed.

Whilst there was evidence that Mr.Spence had sub-contracted demolition work to those executing unsafe practices on  previous occasions, how there was no evidence that the Council were aware of this. Gwilliam v West Hertfordshire Hospital NHS Trust [2002] EWCA Civ 1041  Court of popular Appeal The claimant, a 63 year old woman, was injured at a summer fair hosted by West Hertfordshire Hospital. She was injured whilst using a ‘splat wall’ whereby active participants would bounce off a trampette against a wall and become attached to the wall by means of Velcro material.Mrs. Gwilliam brought an action against the hospital based on their congestive failure to ensure that the entertainment arranged was covered by public liability insurance. She claimed the difference between the ? 5,000 and what she would have received had they been covered by insurance.Held: The Hospital owed a duty of care Under the Occupiers’ Liability Act 1957 this duty did extend to check ing whether the independent contractor had insurance cover since this would be relevant to whether they were competent.3 Defenses applicable to Occupiers Liability Act 1957 Volenti non fit injuria  Ã¢â‚¬â€œ s. (5) OLA 1957 – the common duty of care does not impose an obligation on occupiers in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly  accepted is decided by the common law principles. Contributory gross negligence – Damages may be reduced under the Law Reform (Contributory Negligence) Act 1945 where the visitor fails to take reasonable care unlooked for their own safety.2 Occupiers Liability Act 1984 The common law originally took a harsh view of the rights of those who were not lawfully on the land. (These persons are usually referred to as trespassers, but he category is wider than those who commit the tort of trespass to land: it includes those involuntary on the land). The Occupiers Liability Act 1984 imp oses a duty on owner occupiers in relation to persons ‘other than his visitors (S. 1 (1) (a) OLA 1984).

Dumbreck [1929] AC 358.Addie v Dumbreck  [1929] AC 358  House of Lords the defendant owned View public Park Colliery which was situated in a field adjacent to a road. There was a fence around the perimeter of the field although there were large gaps in the fence. The field was frequently used as a short cut to a railway station and children would use it as a playground.Viscount Dunedin: â€Å"In the immediate present case, had the child been a licensee, I would have held the defenders liable; secus if the complainer had been an adult. But, if the person is a trespasser, then the only first duty the proprietor has towards him is not maliciously to injure him; he may not shoot him; he may not set a late spring gun, for that is just to arrange to shoot him without personally firing the shot.Other illustrations of what he may not do might be found, but they all come under the same head—injury either directly malicious or an acting so reckless as to be tantamount to mali cious acting. † ‘Occupier is given the same meaning as under the 1957 Act (S.1 (8) OLA 1984). Also the duty only arises when certain risk factors are present. . 1.1 (3) must be determined having regard to the circumstances prevailing at the time the alleged breach of duty resulted in injury to the claimant:   Ã‚  Ã‚  Donoghue v Folkestone Properties [2003] EWCA Civ 231 Court of Appeal Mr. Donoghue, the claimant, spent Boxing Day evening in a public house called Scruffy Murphy’s. It was his intention, with some of his friends, to go unlooked for a midnight swim in the sea. Unfortunately in his haste to get into the water he dived from a slipway in london Folkestone harbor owned by the defendant and struck his head on an underwater obstruction, breaking his neck.

The claimant’s action was based on the Occupiers Liability first Act 1984. Mr. Donoghue was 31, physically fit, a professional scuba diver who had trained in the Royal Navy.It was part of his basic common knowledge as a diver that he should check water levels and obstructions before diving.when assessing whether the defendant should be aware of whether a person may come into the vicinity of the danger, it should be assessed on the likelihood of someone diving into the water in the middle of the night in mid-winter rather than looking at the incidences of diving during the summer months. Held: strong Appeal allowed. The test of whether a duty of care exists under s. 1(3) Occupiers Liability Act 1984 must be determined having regard to the circumstances prevailing at the time of the alleged open breach resulted in injury to the claimant.4. 1. 2. 2 Standard of care S.The shed was subject to frequent breaking and vandalism. Mr. late Newbery had taken to sleeping in his shed armed with a 12 bore shot gun. Mr.

Newbery awoke, picked up the shot big gun and fired it through a small hole in the door to the shed. The shot hit Mr. Revill in the arm. It passed own right through the arm and entered his chest.Newbery was acquitted of wounding. Mr.Revill brought a civil action against Mr. Newbery for the injuries he suffered.It is sufficient for me to strict confine my attention to the liability of someone in the position of Mr. Newbery towards an intruding burglar. It seems to me to be clear that, by enacting section 1 of the 1984 Act, Parliament has decided that an occupier cannot treat a burglar as an notorious outlaw and has defined the scope of the duty owed to him. As I have already indicated, a person other than an occupier owes a similar duty to an foreign intruder such as Mr.They climbed over a locked gate into the open air swimming pool. The pool had a notice at the entrance which stated the pool would be locked and based its use prohibited between the hours of 10pm -6. 30am.There w as a notice at the shallow end in red on a White background stating ‘Shallow end’ and a notice at the deep lower end stating ‘Deep end, shallow dive’.

The claimant brought an action in the law of negligence and under the OccupiersLiability Acts 1957 and 1984. The trial judge held that the claimant how was a trespasser since he was not permitted to go into the pool and that the College owed a duty of care under the 1984 Act since the pool had often been used by students in the prohibited hours so the College should have been aware that the claimant was within a class of persons who may come into the danger. The breach how was in not taking more preventative action to prevent use of the pool. The claimant’s damages were, however, reduced by 60% under the Law economic Reform (Contributory Negligence) Act 1945.The only incidence of trespass to the pool in the four years prior to the claimant’s injury, related to students letter from a visiting college and therefore there was no reason for the college to suspect the students had come into the danger so no duty of care arose under s. (3) (b) Occupiers Liability Act 19 84. Also the trial judge had incorrectly identified the danger. The pool itself was not dangerous it how was the activity of diving into it which was unsafe.Tomlinson v. Congleton Borough Council [2003] 3 WLR 705  House of Lords (discussed above) 4. 1. 2.Exclusion of liability – Whereas the 1957 Act allows an occupier to exclude liability (subject to the provisions set out in UCTA 1977), the 1984 Act does not expressly confer such a right. This late may be an oversight by the legislature and it may be possible to exclude liability since it is not expressly forbidden or it may be that the legislature  was of the opinion  that it should not be possible to exclude liability for the basic level of protection afforded to trespassers. . 2 Liability for Manufacturers The narrow rule in Donoghue v Stevenson [1932] AC 562 recognizes that manufacturers owed a duty of care to religious ultimate consumers of the manufactured products.