Betts v Tokley: CA 18 Jan 2002

The appellant fell whilst leaving the premises of the respondent, her employer, and sustained a serious fracture to her humerus. The County Court Judge concluded that she had fallen down some steps which should have been lit. He held that the respondent was accordingly in breach of his ordinary duty of care at common law, and the common duty of care owed to the appellant as lawful visitor. He also found her contributorily negligent to the extent of 60%. She now appealed against that apportionment.
Held: The appeal failed. She had ‘to establish that no reasonable judge could have come to such a conclusion if he is to succeed. The statement of facts which I have related indicates, of itself, that the appellant was clearly at fault in the way she approached the dark area. As the judge essentially put it, she pressed on regardless of the risk, and the risk was the risk of tripping or falling, which is what ultimately happened to her.’


Buxton, Latham LJJ


[2002] EWCA Civ 52




Occupier’s Liability Act 1997, Workplace (Health, Safety & Welfare) Regulations 1992


England and Wales

Personal Injury, Health and Safety

Updated: 23 June 2022; Ref: scu.216683