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 dangerous place for a child, particularly having regard to the brittle nature of the skylight. The state of the premises did pose a risk in the sense that children could fall off or be hurt by going through the skylight.’ It was quite probable that the claimant jumped on the skylight, but the roof was an inherently dangerous place for a child particularly having regard to the brittle nature of the skylight.
Judges:
Morison J
Citations:
[2005] EWHC 1342 (QB)
Jurisdiction:
England and Wales
Cited by:
Cited – Keown v Coventry Healthcare NHS Trust CA 2-Feb-2006
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 . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 21 May 2022; Ref: scu.238292