Claim for serious personal injury against bed seller after suffering damage to back on falling from bed whilst having sex.
Held: The claim failed: ‘the fact of an accident, without more, does not prove that its occurrence should not be considered as too remote. . . it required a most unfortunate and unusual combination of positioning on the bed and movement of the body for the difference in level to cause or materially contribute to a person falling off or out of the bed. I do not believe that would have been foreseeable by, or in the contemplation of, any reasonable person prior to the incident. Put simply it would have been extremely difficult for anyone to have thought of a mechanism whereby what was undoubtedly a problem with the bed, could lead to a person falling off/out of bed. I’
Judges:
Cotter QC HHJ
Citations:
[2018] EWHC 2976 (QB)
Links:
Jurisdiction:
England and Wales
Consumer, Personal Injury
Updated: 13 June 2022; Ref: scu.628905
