The claimant was injured playing football with his son while playing football at a caravan park owned by the defendant. He appealed dismissal of his claim. They had been using goal posts which collapsed on him injuring his face. It had not been anchored as required by the manufacturer.
Held: The appeal was allowed. The judge was in error; he: ‘should have approached the case upon the broad basis that assuming the pegs had at some time earlier been properly in place along the frame, in accordance with the manufacturers directions, (as to which there was no direct evidence), but that they had been removed by campers for their own purposes, the probabilities were that the situation had existed at least throughout the day and that, if the daily system of inspection to ensure the pegs were in place (which the safety inspector regarded as necessary and the defendants purported to carry out), had actually been carried out, then the absence of pegging would have been detected and the pegs replaced .’
Judges:
Sir Mark Potter P
Citations:
[2008] EWCA Civ 1422
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Ward v Tesco Stores Ltd CA 1976
The claimant slipped on the contents of a yoghurt pot which had spilled onto the floor of the supermarket. The defendants gave evidence of frequent inspection and sweeping of the supermarket floor with instructions to the staff to clear up spillages . .
Cited – Richards v W F White and Co 1957
The plaintiff slipped on oil and fell suffering injury, and claimed damages.
Held: There had to be some evidence to show how long the oil had been present and some evidence from which it could be inferred that a prudent occupier of the . .
Cited – Richards v W F White and Co 1957
The plaintiff slipped on oil and fell suffering injury, and claimed damages.
Held: There had to be some evidence to show how long the oil had been present and some evidence from which it could be inferred that a prudent occupier of the . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 21 July 2022; Ref: scu.278819