Occupiers Liability Update

There have been two recent decisions which give hope to Defendant Occupiers that common sense can prevail.

Maddison Hufton v Somerset County Council [2011] EWCA Civ 789

A school that operated a policy of preventing pupils from entering the premises directly into the school hall on rainy days by erecting wet weather signs as soon as it started raining was not expected to have a system in place for observing and removing water deposited in the hall during the brief period of time between it starting to rain and the production of the wet weather signs. Accordingly, it was not liable to a pupil who slipped and fell in the hall during that period.


Geary v JD Wetherspoon Plc [2011] EWHC 1506 (QB)

The premises had a large open staircase with banisters each side, which were below the minimum height allowed under building regulations in force at the time. English Heritage did not want any changes to be made to the staircase, and the requirement to raise the height was subsequently waived by the local authority. G visited the pub for a drink and on the way out she attempted to slide down but fell backwards and landed on the floor, four metres below. She sustained a spinal fracture, resulting in tetraplegia.

W submitted that G had voluntarily assumed the obvious risk inherent in sliding down open banisters which, on the far side, had a long drop to the marble floor below. G submitted that whilst her conduct was relevant to issues of contributory negligence, it could not amount to a defence in law.

The court concluded that the W could not be held liable for her injury as the claimant had voluntarily assumed the obvious risk inherent in sliding down the banisters.

If you would like further information on this matter, please contact Elizabeth Johnson e.johnson@ashfords.co.uk