The claimant a young boy fell from a fire escape on the defendant’s building. He suffered brain damage and in later life was convicted of sexual offences.
Held: His claim failed: ‘there was no suggestion that the fire escape was fragile or had anything wrong with it as a fire escape and I do not think it can be said that the claimant here suffered his injury by reason of any danger due to the state of the premises. ‘ Justice Lewison said: ‘The threshold question is not whether there is a risk of suffering injury by reason of the state of the premises. It is whether there is a risk of injury by reason of any danger due to the state of the premises. Thus in order for the threshold question to be answered in the affirmative it must be shown that the premises were inherently dangerous. ‘
Mummery LJ, Longmore LJ, Lewison J
[2006] EWCA Civ 39, [2006] 1 WLR 653
Bailii
Occupiers’ Liability Act 1984 1
England and Wales
Citing:
Cited – The Carlgarth 1927
Scrutton LJ said: ‘When you invite a person into your house to use the staircase, you do not invite him to slide down the banisters, you invite him to use the staircase in the ordinary way in which it is used.’ and ‘Another distinction is that in a . .
Cited – Young v Kent County Council QBD 14-Mar-2005
The claimant a child had climbed the wall of a school building and on to the roof to collect a ball. He then fell through a skylight.
Held: Asking whether the state of the premises posed a danger: ‘yes, they did. The roof was an inherently . .
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 . .
Cited – Lewis v Six Continents Plc CA 2006
The claimant was injured after falling from a sash window in the defendant’s hotel. He appeal against refusal of his claim.
Held: The appeal failed. The claimant’s argument, if followed to its conclusion, would result in every window having to . .
Cited – Tomlinson v Congleton Borough Council and others HL 31-Jul-2003
The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers.
Held: The council’s . .
Cited by:
Cited – Geary v JD Wetherspoon Plc QBD 14-Jun-2011
The claimant, attempting to slide down the banisters at the defendants’ premises, fell 4 metres suffering severe injury. She claimed in negligence and occupiers’ liability. The local council had waived a requirement that the balustrade meet the . .
Cited – Ovu v London Underground Ltd (Duty of Care) QBD 13-Oct-2021
Safety of Stairs within Undergrounds Care of duty
The Claimant sued the London Underground company because their relative Mr Ovu died after falling down stairs on a fire escape. It was late at night and he wandered on his own on a cold night, outdoors, onto the stairs. The staircase was in good . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Personal Injury
Updated: 27 November 2021; Ref: scu.238247