The claimant, a police officer entered the defendants premises at night in order to take up position to observe a suspect. He fell into an open inspection pit, and appealed dismissal of his claim under the Occupiers Liability Acts.
Held: The situation had to be looked at in the light of the particular circumstances. There might be a general possibility of trespass, but there was no reason to anticipate such an intrusion at this precise location within the yard. Appeal dismissed.
Judges:
Kay, Lord Justice Kay Lord Justice Latham
Citations:
[2004] EWCA Civ 843
Links:
Statutes:
Occupiers Liability Act 1984 1(3)(b)
Jurisdiction:
England and Wales
Citing:
Cited – Donoghue v Folkestone Properties Limited CA 27-Feb-2003
The claimant had decided to go for a midnight swim, but was injured diving and hitting a submerged bed. The landowner appealed a finding that it was 25% liable. The claimant asserted that the defendant knew that swimmers were common.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 31 October 2022; Ref: scu.198472
