The plaintiff sought damages against the defendant after he was severely injured by inhaling carbon monoxide fumes whilst a tenant of the defendant. The defendant sought to strike out the claim, saying that the plaintiff had himself maintained the fire which caused the injury.
Held: The strike out application was misconceived and failed.
Judges:
Simon Browne LJ
Citations:
[1998] EWCA Civ 1533
Statutes:
Defective Premises Act 1972 4, Landlord and Tenant Act 1985 11
Jurisdiction:
England and Wales
Cited by:
See Also – Sykes v Harry and Trustee of Estate of Harry, a Bankrupt CA 1-Feb-2001
The tenant appealed dismissal of his claim for damages. He had suffered serious injury after inhaling carbon monoxide fumes from a defective gas fire. The fire had not been maintained and a fall of soot eventually prevented the escape of fumes.
Lists of cited by and citing cases may be incomplete.
Personal Injury, Landlord and Tenant
Updated: 25 November 2022; Ref: scu.145012
