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 premises who had a reasonable system of inspection ought to have noticed it, ‘but to make out a prima facie case of negligence in a case of this sort, there must, I think, be some evidence to show how long the oil had been there’.
Judges:
Devlin J
Citations:
[1957] 1 Lloyd’s Reports 367
Jurisdiction:
England and Wales
Citing:
Cited – Scott v The London and St Katherine Docks Co CEC 1865
Requirements to set up Res Ipsa Loquitur
The maxim res ipsa loquitur applies only where circumstances are established which afford reasonable evidence, in the absence of explanation by the defenders, that the accident arose from their negligence. The doctrine of res ipsa loquitur is that: . .
Cited by:
Restricted – 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 – Hall v Holker Estate Co Ltd CA 17-Dec-2008
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 . .
Cited – Hall v Holker Estate Co Ltd CA 17-Dec-2008
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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Negligence
Updated: 10 May 2022; Ref: scu.279786