The claimants were lessees of a building n which they stored their stock of unique historical books. The books were damaged beyond repair when the premises were flooded. They now sought damages from the building’s architects. The drainage system was inadequate. The inadequacy was known of because of a previous flood. The architects admitted that they might have been liable if the damage remained unknown, but that once it had flooded, the damages was no longer latent, and that it was reasonable for them to expect that the position would have been remedied.
Held: Neither possible principle enunciated in Baxall was of assistance to the present defendants. The present claimants should not be expected to have known of the danger. The first flood did not remove the later occupiers from the list of those to whom a care of duty was owed, nor broke the chain of causation.
Judges:
Lord Phillips of Worth Matravers LCJ, May LJ, Keene LJ
Citations:
Times 07-Mar-2007
Jurisdiction:
England and Wales
Negligence, Damages
Updated: 10 May 2022; Ref: scu.253209
